House Judiciary Committee Chairman Jim Jordan (R-Ohio) escalated his battle with former special counsel Jack Smith late Wednesday, filing a criminal referral with the Justice Department that accuses Smith of lying under oath during a congressional deposition. The move seeks to tee up a prosecution of the prosecutor who led the federal cases against President Trump.
The referral, obtained by The Hill, centers on Smith's testimony about whether his team subpoenaed the text messages of members of Congress during the investigation into Trump's efforts to overturn the 2020 election. Jordan alleges Smith made false statements when asked about the scope of those subpoenas during a deposition late last year.
“This information calls into question the completeness and accuracy of statements that Mr. Smith made under oath to the Committee regarding his team’s access to the content of Members’ text messages,” Jordan wrote in the letter to Attorney General Merrick Garland.
Democrats quickly dismissed the referral as a political stunt. Rep. Jamie Raskin (D-Md.), the ranking member of the Judiciary Committee, accused Jordan of twisting the facts. Raskin noted that Smith did not directly subpoena members' text messages but instead compelled the National Archives to turn over White House communications, which included texts with lawmakers. Those records, Raskin argued, were legally preserved under the Presidential Records Act.
“With today’s referral of Jack Smith to DOJ, Chairman Jordan and the Republican Congress have embarrassed themselves again in this investigation,” Raskin said in a statement. “Jack Smith was clear and consistent in his testimony, and he told the truth. When asked if his subpoena for Members’ toll records sought the content of either Member’s phone calls or messages, he truthfully replied that they did not.”
The dispute underscores the ongoing partisan clash over Trump's legal troubles and congressional oversight. Jordan, a staunch Trump ally, has used his chairmanship to probe the Justice Department and special counsel's office, accusing them of political bias. The referral is the latest in a series of Republican efforts to target prosecutors who have investigated the former president.
Raskin further accused Republicans of lashing out after realizing their communications with the Trump White House had become presidential records. “This referral deliberately distorts and misstates the facts, including what questions the Republicans actually asked at Mr. Smith’s interview,” he added.
The referral comes as the Justice Department faces scrutiny over its handling of high-profile cases, including Smith's accusation that Trump withheld Iran war casualty data from Congress. It also follows a tragic drone attack in Jordan that killed two U.S. troops, further complicating the political landscape.
Legal experts say criminal referrals from Congress carry little weight on their own, as the Justice Department typically decides whether to pursue charges. However, the referral signals the deepening rift between House Republicans and the Biden administration's law enforcement agencies. Jordan's office has not indicated whether it will pursue further action if DOJ declines to prosecute.
