House Judiciary Committee Chairman Jim Jordan has formally asked the Justice Department to investigate former Special Counsel Jack Smith for allegedly making false statements to Congress during sworn testimony about his investigation of President Donald Trump.
In a criminal referral sent Wednesday to Acting Attorney General Todd Blanche, Jordan argued that newly released Justice Department records contradict statements Smith made during a closed-door deposition before the House Judiciary Committee in December 2025.
A congressional criminal referral does not require the Justice Department to open a case or bring charges, but it places the allegations before federal prosecutors for review.
Dispute centers on lawmakers’ text messages
The referral focuses on Smith’s testimony about prosecutors’ efforts to obtain records belonging to members of Congress during the federal investigation into Trump’s efforts to challenge the 2020 election.
During the deposition, Smith was asked whether the toll records his office subpoenaed included the contents of phone calls or text messages.
Smith answered “no” to both questions. Toll records generally include metadata such as phone numbers, dates, times, and call durations, but not the contents of communications.
Jordan now argues those answers were misleading because documents recently released by Senate Judiciary Committee Chairman Chuck Grassley indicate Smith’s office separately obtained the contents of text messages through a subpoena issued to the National Archives and Records Administration. According to Jordan, those records included communications involving dozens of members of Congress.
“The responses provided by Mr. Smith 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 in the referral.
Smith’s attorneys reject allegation
Smith’s legal team forcefully rejected the accusation, arguing the referral mischaracterizes his testimony.
In a letter sent to Jordan and Judiciary Committee Ranking Member Jamie Raskin, attorneys Peter Koski and Lanny Breuer said Smith truthfully answered the specific questions he was asked about toll records, which do not contain message content.
They argued Jordan is improperly conflating toll-record subpoenas with separate legal process used to obtain communications from another source.
“During his testimony, Mr. Smith provided truthful, responsive answers, and candidly discussed his work as Special Counsel,” the attorneys wrote, calling the referral an attempt to “weaponize the justice system” against a career prosecutor.
DOJ says it will review referral
The Justice Department confirmed it has received Jordan’s referral.
In a statement, the department said it “will investigate all evidence of criminal conduct,” though it did not indicate whether a formal investigation has already been opened.
Jordan alleges Smith may have violated the federal law prohibiting materially false statements to Congress by knowingly providing inaccurate testimony under oath. Whether prosecutors conclude the evidence supports that claim remains to be seen.
Latest chapter in long-running clash
The referral marks the latest escalation in Republicans’ effort to scrutinize Smith, who led the federal prosecutions against Trump involving classified documents and alleged efforts to overturn the 2020 election.
Smith dropped both cases after Trump’s victory in the 2024 presidential election, citing longstanding Justice Department policy prohibiting the criminal prosecution of a sitting president. He resigned from the department shortly before Trump returned to office.
This is a breaking news story. Please check back for updates.
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