Jordan asks DOJ to investigate Jack Smith testimony

House Judiciary Committee Chairman Jim Jordan asked the Justice Department on Wednesday to investigate former special counsel Jack Smith, accusing him of making false statements to Congress about records obtained during his investigation of President Donald Trump’s efforts to remain in office after the 2020 election.

Jordan, an Ohio Republican, sent a criminal referral to acting Attorney General Todd Blanche alleging that Smith “seemingly made willfully and intentionally false statements of material fact” during a deposition before the committee last year. Jordan said newly obtained Justice Department documents contradict Smith’s testimony and show “strong evidence” of possible criminal conduct.

A Justice Department spokesperson confirmed receipt of the referral and said the department “will investigate all evidence of criminal conduct.” It is up to the department whether to pursue charges after a congressional referral.

Smith’s attorneys, Peter Koski and Lanny Breuer, denied the allegations in a letter to Jordan and Blanche, calling Smith’s answers “unimpeachably truthful.” They said he “provided truthful, responsive answers and candidly discussed his work as Special Counsel.”

“The referral is made not because Mr. Smith made a false statement — the letter concedes he did not — but because he did not proactively disclose information that was not responsive to a question asked,” they wrote. They said the referral “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.”

The dispute centers on Smith’s Dec. 17 deposition. Jordan cited an exchange in which Smith was asked whether he sought a “search warrant for the content of any text messages from Members.” Smith answered, “No, I don’t recall that.” Asked whether he had sought only toll records for members of Congress, Smith replied, “Correct.” Toll records generally show information such as phone numbers called, not the content of calls or messages.

Last week, Senate Judiciary Committee Republicans said they had received Justice Department documents showing that Smith’s team obtained and reviewed text messages between Trump-era White House officials and 44 members of Congress through a subpoena to the National Archives and Records Administration. The messages, from October 2020 through Jan. 21, 2021, involved lawmakers from both parties but mostly Republicans. The list included Jordan, Senate Judiciary Committee Chairman Chuck Grassley of Iowa, former House Speaker Kevin McCarthy of California and Sens. John Cornyn of Texas and Rand Paul of Kentucky. CBS News reported that four Democrats were also listed, including Sen. Cory Booker of New Jersey.

Grassley said the records were sent to Smith’s team before a “filter team” reviewed them for potentially privileged material. He argued that Smith’s team violated protections under the Constitution’s Speech or Debate Clause. “Smith’s team ran roughshod over the Constitution even after repeated warnings,” Grassley said July 14. “Jack Smith has answering to do, and I intend to have him before the Senate Judiciary Committee in the coming months to hold him accountable.”

Smith’s lawyers said the Speech or Debate Clause “does not prevent prosecutors from using or reviewing text messages between Members of Congress and members of the Executive Branch in an investigation and prosecution of an Executive Branch official.” They also said the filter team process was not required for the White House records and is used primarily to screen evidence protected by doctrines such as attorney-client privilege.

Rep. Jamie Raskin of Maryland, the top Democrat on the House Judiciary Committee, called Jordan’s referral “baseless and vindictive” and said it “deliberately distorts and misstates the facts.” He said Republicans never asked Smith about presidential records, whether messages from lawmakers appeared on White House officials’ phones or whether Smith’s team reviewed lawmakers’ text messages.

“Jack Smith could not have lied because Republican Members never even asked the question their theory is based on,” Raskin said. In another statement, he wrote, “The Republicans fault Mr. Smith for not reading the minds of congressional investigators and for not volunteering information they didn’t ask for.”

Smith was appointed in late 2022 by then-Attorney General Merrick Garland to oversee two federal investigations involving Trump: one into efforts to overturn the 2020 election and another into classified documents found after Trump left office. Trump denied wrongdoing in both cases. The classified documents case was dismissed by a judge who found Smith was improperly appointed, and Smith dropped the election case after Trump won the 2024 presidential race, in line with Justice Department policy barring prosecution of a sitting president.