The House Judiciary Committee’s top Republican, Jim Jordan, has requested a criminal investigation into former special counsel Jack Smith by the Justice Department. Jordan contends that Smith made false statements during a deposition to Congress last year.
Background of the Allegations
Committee Chairman Jim Jordan wrote to acting Attorney General Todd Blanche, alleging that Smith “made willfully and intentionally false statements” that contradict documents obtained by the Senate Judiciary Committee. Jordan claims his committee discovered strong evidence against Smith and asked the DOJ to pursue criminal charges.
A Justice Department spokesperson acknowledged receipt of Jordan’s referral and confirmed that they will review all evidence of criminal behavior. Smith, who has been criticized by former President Donald Trump, was reported on by Fox News in relation to Jordan’s referral.
Responses from Jack Smith’s Attorneys
Smith’s attorneys, Peter Koski and Lanny Breuer, replied to both Jordan and Blanche. They argue that Smith provided truthful answers during his deposition and labeled the referral as an attempt to misuse the justice system against a nonpartisan public servant. Smith, as special counsel, handled investigations into the 2020 election interference and allegations regarding Trump’s mishandling of classified documents.
Dispute Over Testimony
Details from Smith’s deposition were disputed. According to Jordan, Smith denied seeking search warrants for text messages from Members of Congress, stating, “No, I don’t recall that.” Smith also confirmed that he only requested toll records.
Democratic Rep. Jamie Raskin accused Jordan of misrepresenting facts. Raskin clarified that Republicans did not ask Smith about presidential records during his hearing, therefore Smith couldn’t have lied.
Senate Judiciary Committee’s Findings
The Senate Judiciary Committee acquired DOJ documents showing Smith’s team examined text messages from 44 members of Congress. These messages, mostly from Republicans, were addressed to White House officials during Trump’s first term. The messages were obtained from the National Archives in August 2023 and covered dates from October 2020 to January 21, 2021.
Senate Republicans argue that Smith’s team violated the Constitution’s Speech and Debate Clause by not using a filter team to separate privileged information from these messages. Senator Chuck Grassley, whose messages were reviewed, indicated intentions to subpoena Smith to account for these actions in front of the Senate Judiciary Committee.
Members whose messages were scrutinized include Jim Jordan, former House Speaker Kevin McCarthy, and Senators John Cornyn and Rand Paul.

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