House Judiciary Committee Chairman Jim Jordan, R-Ohio, has issued a criminal referral for former special counsel Jack Smith, alleging that Smith made false statements to Congress regarding the scope of his investigations into former President Donald Trump. The referral, sent to acting Attorney General Todd Blanche, claims that newly released records contradict Smith's testimony that his team did not obtain or review members' text messages.
Jordan stated in a letter that Smith's conduct appeared to be an effort to obstruct the committee's oversight by intentionally making false statements. He asserted that individuals, including former public servants, have an obligation to comply with congressional inquiries. The Justice Department was urged to examine whether Smith's actions warrant criminal charges.
The referral follows scrutiny from Republicans who have accused Smith of allegedly weaponizing the Justice Department and violating privacy protections during his probes into the 2020 election interference and Trump's handling of classified documents. Smith has denied any wrongdoing.
Senator Chuck Grassley, R-Iowa, chairman of the Senate Judiciary Committee, previously released documents indicating that Smith's team had read the text messages of 44 members of Congress from both parties, as well as White House staff. Targeted lawmakers included Jordan and Grassley, along with the late Sen. Lindsey Graham, R-S.C., Sen. Susan Collins, R-Maine, House Majority Leader Steve Scalise, R-La., and Sen. Cory Booker, D-N.J. Officials from the Trump administration, such as former Vice President Mike Pence, former White House Deputy Chief of Staff Stephen Miller, and FBI Director Kash Patel, were also reportedly affected.
Further documents from Grassley's office suggested that Smith's team may have accessed text messages without review by a designated "filter team," a safeguard intended to protect privileged information. During a December deposition before the House Judiciary Committee, Smith was asked if he had examined the contents of lawmakers' text messages and responded negatively, stating his team had only sought telephone toll records. He clarified that toll records provide historical routing information, including call numbers, times, and durations, but not the content of the calls.