Former federal prosecutor Andrew Weissmann has sharply criticized House Judiciary Committee Chair Jim Jordan's (R-Ohio) decision to recommend criminal charges against former special counsel Jack Smith, calling the move “preposterous.” In an interview with Jen Psaki on MSNBC, Weissmann stated flatly, “You cannot read this letter and in any way view this as perjury.”
The controversy stems from Jordan’s accusation that Smith made false statements to Congress during a deposition late last year regarding his investigation and prosecution of President Donald Trump. Smith was asked whether he had subpoenaed the text messages of members of Congress, which he denied. However, Smith did review lawmakers’ texts after obtaining them through the White House, a distinction Jordan argues was not sufficiently candid.
Weissmann, who led the prosecution of Trump's former campaign chairman Paul Manafort, broke down the testimony in detail. “He was asked, did you get the content of text messages from members of Congress through a search warrant? Did you get the content of text messages of members of Congress through a search warrant? To which he said, no, I didn’t,” Weissmann recalled. He emphasized that Smith’s answer was technically accurate because the texts were obtained via a request to the National Archives, not a search warrant.
Rep. Jamie Raskin (D-Md.), the top Democrat on the panel, also defended Smith, noting in a statement that “they did not even ask whether Mr. Smith’s team had ever reviewed text messages from Members. Jack Smith could not have lied because Republican Members never even asked the question their theory is based on.” Weissmann concurred, saying, “That is 100% truthful. The fact that Jack Smith also got documents from the National Archives was not asked in any way, shape, or form.”
The referral is part of a broader pattern under the Trump administration, where the Department of Justice has pursued cases against political opponents, including New York Attorney General Letitia James and former FBI Director James Comey. The DOJ is also reportedly investigating perjury charges against writer E. Jean Carroll, who accused President Trump of sexual assault. This context has raised concerns about the politicization of federal law enforcement, as noted in the DOJ's legal actions against Milwaukee over a mask ban for federal agents.
Smith, in a separate interview on MSNBC’s “Deadline: White House,” expressed anger at how public servants who work on cases unfavorable to Trump are “demonized for doing their jobs.” He said it “angers” him to see career prosecutors and agents vilified by the administration.
Weissmann, who is known for his careful legal analysis, concluded with a rare emphatic statement. “I usually am more careful to say, you know, it seems like or we don’t know everything they have. You cannot read this letter and in any way view this as perjury,” he said. The episode underscores the deepening divide between congressional Republicans and former Justice Department officials over the handling of politically sensitive investigations.
