Key facts
- The House Judiciary Committee, led by Rep. Jim Jordan, referred special prosecutor Jack Smith for criminal investigation.
- The referral alleges Smith made false statements to Congress regarding his investigation into Donald Trump's efforts to overturn the 2020 election.
- Specifically, Jordan claims Smith misrepresented his team's access to text messages of Republican lawmakers.
- Smith's legal team stated he provided truthful testimony and that the referral is a politically motivated attack.
- Democrats on the committee called the referral "baseless" and "vindictive."
- The Justice Department has confirmed receipt of the referral and will investigate.
The Republican-controlled House Judiciary Committee has referred special prosecutor Jack Smith for criminal investigation, alleging he made false statements to Congress during his testimony about obtaining phone records of Republican lawmakers. Committee Chair Jim Jordan asserted that Smith "made willfully and intentionally false statements of material fact" when he testified that his team had only "toll records" and not access to privileged text messages.
Jordan claimed that Justice Department documents showed Smith's investigators had access to the text messages of 44 members of Congress, providing a basis for an investigation into whether Smith knowingly made false statements to obstruct the committee's oversight.
Smith's lawyers, Lanny Breuer and Peter Koski, countered that their client "provided truthful, responsive answers" and that the referral represents a "chilling eagerness to weaponize the justice system" against a "career, nonpartisan public servant." They stated Smith testified fully aware of the risk of politically motivated charges from Trump's allies.
Democratic members of the committee, including ranking member Jamie Raskin, dismissed the referral as "laughably weak and vindictive," asserting that Smith's testimony was accurate and consistent. Raskin argued that the Republicans were distorting facts and faulting Smith for not volunteering information they did not ask for, calling the referral an "absurd" distraction.
The referral comes as the Senate Judiciary Committee is set to vote on the nomination of Todd Blanche, who would ultimately decide whether to charge Smith. Democrats view the referral as an attempt to pressure the Senate and distract from Blanche's confirmation.