(WASHINGTON) — House Judiciary Committee Chairman Jim Jordan issued a criminal referral against former Special Counsel Jack Smith on Wednesday for allegedly making “willfully and intentionally false statements” when testifying before Congress last December.
“The Committee on the Judiciary writes to refer strong evidence that appears to show Jack Smith, former Special Counsel, knowingly made false statements during his December 17, 2025 deposition,” Jordan wrote in a letter sent to Acting Attorney General Todd Blanche.
In the letter, Jordan questioned what Smith said under oath about obtaining phone records of 44 lawmakers who communicated with President Donald Trump and other members of the White House related to efforts to overturn the 2020 election.
“This information calls into question the completeness and accuracy of statements that Mr. Smith made under oath to the Committee regarding his team’s access to the content of Members’ text messages,” Jordan wrote.
Jordan stated that responses by Smith during congressional testimony “gave the impression that neither Mr. Smith nor his team had access to the content of members’ privileged text messages.”
“We now know this to be false,” Jordan wrote.
“His conduct can only be understood as an effort to thwart the Committee’s inquiry by intentionally making false statements and representations before Congress. We therefore believe that sufficient evidence exists for DOJ to examine whether Mr. Smith’s actions warrant a charge,” the letter added.
Counsel for Smith responded to Jordan’s referral disputing that his statements in any way could be construed as perjury — arguing the effort “reflects a chilling eagerness to weaponize the justice system by attacking a career, nonpartisan public servant who faithfully and fearlessly performed his duties by following the facts and the law.”
Top Judiciary Democrat Rep. Jamie Raskin slammed the GOP-led criminal referral — calling it “baseless” and “vindictive.”
“Jack Smith was clear and consistent in his testimony, and he told the truth. When asked if his subpoena for Members’ toll records sought the content of either Member’s phone calls or messages, he truthfully replied that they did not,” Raskin said in a statement.
Raskin said the referral “if ever brought before a judge, will get laughed out of court” and is “meant to harass Jack Smith.”
Criminal referrals are just recommendations and do not always lead to a prosecution.
This move by Jordan comes after Blanche said last week at his confirmation hearing that DOJ might investigate Smith over alleged perjury.
“Have you thought about investigating this guy for perjury?” GOP Sen. Josh Hawley, of Missouri, asked of Blanche after recounting testimony where Smith previously denied that toll records obtained from members of Congress did not include the contents of messages.
“We take testimony in front of this body very seriously, yes,” Blanche responded.
During Smith’s investigation into Jan. 6, his office sought limited phone toll data from eight senators and a member of the House in the days surrounding the Jan. 6 assault on the Capitol.
While such records would not involve the content of any phone calls or messages, multiple Republicans have incorrectly claimed that Smith had “tapped” their phones or “spied” on them.
Records released ahead of last week’s hearing indicated that contents of messages obtained by Smith’s teams related to messages handed over by the National Archives and Records Administration — not the toll records he referred to in his original answer.
“I think he absolutely should be investigated,” Hawley said. “I hope that you will investigate Jack Smith for perjury and I hope that possibly you’ll prosecute him.”
“Yes, senator,” Blanche said.
Trump has long called for Smith to be investigated.
In an interview with MS NOW earlier this month, Smith said the U.S. is facing an “attack on the rule of law that is different in kind and scope to anything I’ve seen in my lifetime.”
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