Former Special Counsel Jack Smith is contesting allegations after Rep. Jim Jordan, R-Ohio, referred him to the Department of Justice (DOJ) for possible criminal charges. Jordan accused Smith of lying under oath during a deposition before his House GOP-led panel in December 2025. Smith’s lawyers dismissed the referral as ‘meritless’ in a letter sent to Jordan and acting Attorney General Todd Blanche.
Smith’s attorneys noted, “Mr. Smith agreed to testify before the House Judiciary Committee aware of the risk that President Trump’s Justice Department might scrutinize his testimony to press charges.” They emphasized that this risk stemmed from what they described as President Trump’s persistent orders to prosecute Smith, asserting this went against the rule of law.
Smith was appointed to probe whether President Donald Trump and his allies tried to overturn the 2020 election outcomes and mishandled classified documents. Trump denied any misconduct, and these investigations wrapped up after the 2024 election cycle.
Jordan’s letter to the DOJ highlighted that “responses from Mr. Smith suggested he and his team did not access lawmakers’ privileged text messages.” Jordan argued the contrary in the referral, asserting Smith provided misleading information.
Senate Judiciary Committee Chairman Chuck Grassley revealed documents showing Smith’s team had read messages from 44 members of Congress and White House staff. When asked if he examined lawmakers’ text messages during his investigation, Smith said, “no,” stating they only pursued telephone toll records.
Smith’s legal team argued that the criminal referral was premised on Smith not disclosing non-responsive information rather than any false statements. They argued Smith provided honest and direct responses, discussing his work comprehensively and legally during his testimony as Special Counsel.
The attorneys also defended their actions regarding lawmakers’ text messages, asserting they did not infringe on constitutional protections under the speech and debate clause. This clause shields legislative acts from prosecution but does not bar examining communications related to Executive Branch investigations.
Amidst these developments, Trump has publicly criticized Smith frequently, labeling the prosecutor unfavorably and accusing him of partisan bias. The DOJ acknowledged receiving the referral from Jordan and will scrutinize all alleged evidence of misconduct.
Reporter Elizabeth Elkind contributed insight regarding House proceedings for Fox News Digital. She can be contacted on Twitter at @liz_elkind for further tips and engagement.
Leave a Reply