House Judiciary Committee Chairman Jim Jordan, R-Ohio, said Wednesday that the committee is exploring a criminal referral of former Special Counsel Jack Smith to the Justice Department. The potential referral stems from allegations that Smith misled Congress during testimony about his investigation into former President Donald Trump.
"We're already looking at that," Jordan told Fox News' "Hannity" when asked about the possibility of a criminal referral. "Do we need to refer him to the Justice Department, to Attorney General [Todd] Blanche, for them to go ahead and move forward with prosecution? We're looking at that as we speak."
Jordan's comments followed a report from Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, who stated that records provided to his committee indicated Smith's team had obtained and reviewed text messages from 44 current and former lawmakers. These messages were reportedly collected as part of the Trump election probe.
Jordan specifically pointed to Smith's December testimony before the House Judiciary Committee. When asked if his office had sought a search warrant for text messages from members of Congress, Smith responded, "No, I don't recall." He also answered "Correct" when asked if investigators had only sought toll records, stating that such records identify call numbers, times, and durations but do not include the content of communications.
Jordan argued that newly disclosed information contradicts Smith's testimony, asserting that Smith's team obtained and reviewed congressional text messages. He accused Smith's team of acquiring this information from "another branch of government" without a warrant.
"They got it, and they didn't screen it, and then Jack Smith, under oath, says, 'No, no. We didn't get any contents.' Well, shazam, it looks like they did, and it looks like he wasn't square with us when he testified in front of our committee," Jordan stated.
Sen. John Kennedy, R-La., also pressed the Justice Department on the allegations during Acting Attorney General Todd Blanche's confirmation hearing. Blanche confirmed that the Department of Justice is investigating the matter.
Rep. Josh Hawley, R-Mo., echoed Jordan's concerns, stating that Smith should be prosecuted. "What did he do with the text messages? We don't know that yet. What we do know is he absolutely read them. He absolutely shared them with members of his team and all of that illegally," Hawley alleged on "Hannity." "The Justice Department requires that there be screening for any members of Congress [regarding] their text messages. Jack Smith said under oath that he didn't seek the text messages of members of Congress, but in fact, we know that he did. So he lied, he violated the law, he violated the Constitution. This guy ought to be prosecuted."
Representatives for Smith did not immediately respond to requests for comment.