Rep. Jim Jordan, the chairman of the House Judiciary Committee, has formally referred Special Counsel Jack Smith to the Department of Justice (DOJ), claiming that Smith may have provided misleading testimony during a closed-door session regarding his investigation into former President Donald Trump.
The referral, submitted on Wednesday, focuses on a December 2025 exchange where Smith was questioned about subpoenas related to toll records of Republican lawmakers. During that testimony, Smith asserted that the toll records he requested did not include the content of phone calls or text messages.
However, Jordan contends that Smith's statements were deceptive, citing newly released documents from Republican Senator Chuck Grassley, which indicate that Smith had acquired the content of text messages from 44 lawmakers through a separate subpoena to the National Archives.
In his referral, Jordan stated, “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.”
Smith's legal team has refuted these claims, asserting that Smith's answers were “unimpeachably truthful.” They emphasized that his responses were specifically addressing the toll records, which do not include message content.
While a criminal referral from Congress does not compel the DOJ to take action, it highlights the contentious environment surrounding Smith's investigations into Trump. The former president has previously criticized Smith, labeling him “deranged” and calling for his prosecution.
In a statement acknowledging the referral, the DOJ indicated it would thoroughly investigate any evidence of criminal conduct.
Smith has been involved in high-profile cases against Trump, including charges related to election interference and the mishandling of classified documents. Following Trump's election victory in November 2024, Smith halted these prosecutions, citing legal opinions that protect sitting presidents from federal indictment.
Smith resigned from the DOJ shortly before Trump’s second inauguration in early 2025.
Reported by HarborBeat based on WMAR-2 News (source).
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