Former Special Counsel Jack Smith spent years leading the federal investigations into President Donald Trump. Now, Smith himself may face scrutiny after House Republicans asked the Department of Justice to investigate whether he made false statements during congressional testimony.
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The referral from House Judiciary Committee Chairman Jim Jordan marks the latest development in a years-long dispute over Smith’s investigations. While the DOJ has confirmed it received the referral, it remains unclear whether federal prosecutors will determine there is sufficient evidence to open a criminal investigation.
From Just the News:
On July 22, Jordan, an Ohio Republican, sent a formal referral letter to acting Attorney General Todd Blanche, asserting that there is “strong evidence” that Smith violated 18 U.S.C. § 1001, the federal statute prohibiting materially false statements to the federal government.
The allegation stems from Smith’s Dec. 17, 2025, closed-door deposition before the Judiciary committee.
During the deposition, Smith testified that his office had sought only lawmakers’ “toll records” – that is metadata such as call logs – and had not sought warrants for the contents of members’ text messages.
Jordan argues newly released Justice Department records contradict that testimony. According to the referral, Smith’s investigation ultimately obtained text messages from 44 members of Congress, with some records reportedly acquired through the National Archives rather than by subpoena. Republicans contend Smith’s testimony left lawmakers with the false impression that investigators never obtained the substance of congressional communications.
Smith’s legal team rejects that accusation. His attorneys argue he answered the specific question he was asked and was under no obligation to volunteer additional information outside the scope of the questioning. Rep. Jamie Raskin (D-Md.), the ranking Democrat on the Judiciary Committee, also dismissed the referral, arguing Republicans are conflating different methods by which investigators obtained records. He predicted any criminal case would fail if brought before a court.
Even with the referral in hand, the Justice Department is under no obligation to prosecute Smith. Congress may recommend criminal charges, but only the DOJ can decide whether to investigate and ultimately bring a case. Prosecutors would also face the significant burden of proving beyond a reasonable doubt that Smith knowingly and willfully made a materially false statement—a standard that often depends on the precise wording of both the questions asked and the answers given.
The referral comes after years of intense controversy surrounding Smith’s tenure as special counsel. Appointed by former Attorney General Merrick Garland in 2022, Smith oversaw the federal classified documents case and the election interference case against President Trump. Critics argued the prosecutions were politically motivated, while supporters maintained Smith was simply enforcing the law. His work also faced legal setbacks, including U.S. District Judge Aileen Cannon’s decision to dismiss the classified documents case after concluding Smith’s appointment violated the Constitution’s Appointments Clause.
Regardless of whether charges are ever filed, the referral underscores the importance of accountability throughout the justice system. Americans should expect honesty and transparency from everyone involved in the administration of justice, including prosecutors entrusted with investigating the nation’s highest officials. As the DOJ reviews the evidence, the outcome could shape public confidence not only in this case but in the impartial application of justice for years to come.
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(Excerpt from Just the News. Photo Credit: Bill Clark/CQ Roll Call – https://rollcall.com/2023/11/16/appellate-court-to-hear-arguments-over-trumps-rhetoric-in-federal-trial-on-2020-election/, Public Domain, https://commons.wikimedia.org/w/index.php?curid=141959934)
