WASHINGTON D.C. – The House Judiciary Committee has issued a criminal referral for former Special Counsel Jack Smith to the Department of Justice. The referral, spearheaded by Committee Chairman Jim Jordan, alleges that Smith made materially false statements during his congressional testimony regarding the scope of his investigations into former President Donald Trump.
The referral, dated July 23, 2026, centers on Smith’s testimony before the House Judiciary Committee in December 2025. Jordan claims that Smith’s statements gave the impression that his team had not accessed the content of privileged text messages from members of Congress. This assertion is contradicted, according to Jordan, by newly released Department of Justice records. These records reportedly show that Smith’s team obtained text messages between White House staffers and dozens of members of Congress through a separate subpoena issued to the National Archives and Records Administration.
In a letter to Acting Attorney General Todd Blanche, Jordan stated that there is “strong evidence” of a potential violation of federal law, specifically 18 U.S.C. § 1001, which prohibits making false statements to Congress. Jordan further asserted that Smith’s conduct was an “effort to thwart the Committee’s inquiry by intentionally making false statements and representations before Congress.” He requested that the Justice Department investigate whether Smith’s actions warrant criminal charges.
Jack Smith’s legal team has dismissed the allegations as “spurious.” A spokesperson for the Justice Department confirmed receipt of the referral letter and stated that the department “will investigate all evidence of criminal conduct.”
The referral has drawn sharp criticism from Democrats on the House Judiciary Committee. Representative Jamie Raskin of Maryland, the ranking Democrat on the committee, called the referral “baseless and vindictive.” Raskin argued that Smith was truthful in his testimony and that the Republicans were faulting him for not volunteering information that was not specifically requested. He further suggested that any legal challenge based on this referral would “get laughed out of court.”
The controversy stems from Smith’s investigations into actions taken by former President Trump following the 2020 election and his handling of classified documents. Republicans have previously raised concerns about Smith’s investigations, alleging that the Justice Department has been weaponized and that constitutional privacy protections have been violated. Senate Judiciary Committee Chairman Chuck Grassley had previously released documents suggesting Smith’s team had accessed text messages from 44 members of Congress, a claim that has fueled further scrutiny.
However, legal reporters have noted that the documents cited by Republicans may not directly contradict Smith’s testimony. They suggest that while toll records, which identify call times and durations, were obtained, the content of the calls or text messages themselves may not have been reviewed in the manner implied by the referral. The distinction between toll records and message content has been a key point in debunking claims of perjury.
The Department of Justice is not obligated to act on a congressional criminal referral. The decision to pursue charges rests solely with the Justice Department’s prosecutorial discretion. This development adds another layer to the ongoing political and legal scrutiny surrounding the investigations into former President Trump and the special counsel’s office.
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