The Republican-controlled House Judiciary Committee has referred former special counsel Jack Smith for criminal prosecution, accusing him of lying to Congress during his testimony about the investigation into Donald Trump's efforts to overturn the 2020 election. Democrats have condemned the move as a baseless and vindictive attack.
Committee Chair Alleges False Statements
Committee Chair Jim Jordan, an Ohio Republican, wrote to acting Attorney General Todd Blanche on Wednesday night, asserting that Smith made "willfully and intentionally false statements of material fact" during his testimony. Jordan claimed Smith falsely told the panel that his team had no access to privileged text messages, stating they only had "toll records" containing numbers, not content. However, Justice Department documents presented to the panel on July 14 showed that Smith's investigators actually had access to the text messages of 44 members of Congress, Jordan said.
"Based on this new information, there is cause for investigation to determine whether Mr. Smith knowingly made false statements to obstruct the Committee's oversight," Jordan wrote.
Smith's Lawyers Defend Testimony
Smith's lawyers, Lanny Breuer and Peter Koski, responded with a letter to Blanche, asserting that Smith provided "truthful, responsive answers" during closed-door questioning in December and an open session in January. They described the referral as a "chilling eagerness to weaponize the justice system" against a nonpartisan public servant.
"Mr. Smith agreed to testify before the House Judiciary Committee fully cognizant of the risk that President Trump's Justice Department would try to find something in his testimony to serve as the basis for a criminal charge," they wrote, adding that the risk existed because President Trump has repeatedly ordered Smith's prosecution.
Democratic Response: A 'Laughably Weak' Referral
Democratic members of the committee called Jordan's letter "a laughably weak and vindictive criminal referral" pandering to Trump's demands for retribution. Ranking member Jamie Raskin of Maryland issued a statement saying Smith gave "clear and consistent" testimony, and his statement about obtaining subpoenas for lawmakers' toll records was true when made.
Raskin wrote: "This referral deliberately distorts and misstates the facts, including what questions the Republicans actually asked at Mr. Smith's interview. The Republicans fault Mr. Smith for not reading the minds of congressional investigators and for not volunteering information they didn't ask for. This is absurd."
He added: "This referral, if ever brought before a judge, will get laughed out of court. It is meant to create a distraction so Republicans on the Senate Judiciary Committee can feel just a little more comfortable confirming Todd Blanche to the post of Attorney General."
Background and Next Steps
The Senate Judiciary Committee is set to vote on Thursday on advancing Blanche's nomination to become permanent Attorney General. Blanche will ultimately decide whether to charge Smith, who led two investigations into Trump's activities during his first term, including the handling of classified documents. Those cases were dropped after Trump's re-election.
Previous efforts by the Justice Department to punish Trump's political enemies have faltered. In November, a federal judge dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, both vocal Trump critics. A Justice Department spokesperson confirmed receipt of Jordan's referral letter and stated it "will investigate all evidence of criminal conduct."
