House Judiciary Committee Chairman Jim Jordan has referred former special counsel Jack Smith to the Department of Justice (DOJ) for possible prosecution. Jordan accuses Smith of making false statements during his testimony before Congress.

In a letter to Acting Attorney General Todd Blanche, Jordan, a Republican, contends that new DOJ records contradict Smith’s previous claims concerning his office’s access to communications involving members of Congress during their investigations of President Donald Trump. Jordan urges the DOJ to evaluate whether Smith’s testimony breached federal laws about false statements.

The referral follows allegations by Senate Judiciary Committee Chairman Chuck Grassley, also a Republican, who claims to possess records indicating Smith’s team accessed text messages involving 44 members of Congress, including himself. Grassley shared on X that he received records from the DOJ confirming Smith’s team reviewed these communications.

I received records from [sic] DOJ confirming Jack Smith’s investigative team reviewed the contents of text messages sent by 44 MEMBERS OF CONGRESS. I am one of the 44. I am alerting my colleagues who were impacted and will release the records with Senator Johnson so the American people can see the evidence.

According to Jordan, the records suggest investigators reviewed communications before a standard “filter team” review, which is meant to protect privileged material. Republicans assert that these documents contradict Smith’s testimony, which implied that neither he nor his team accessed privileged communications.

Democrat Jamie Raskin, the ranking member on the House Judiciary Committee, responded to the referral in a statement reported by Fox News, accusing the Republicans of distorting facts and questioning Smith based on unasked inquiries.

This referral deliberately distorts and misstates the facts, including what questions the Republicans actually asked at Mr. Smith’s interview. The Republicans fault Mr. Smith for not reading the minds of congressional investigators and for not volunteering information they didn’t ask for. This is absurd. Mr. Smith may be telegenic but he is not telepathic.

Is a DOJ Referral a Criminal Charge?

A congressional criminal referral does not result in charges by itself. Instead, it asks the DOJ to decide whether an investigation or prosecution is warranted.

It’s unclear whether the DOJ will pursue allegations against Smith, who maintains that his investigations into Trump were lawful. Former Palm Beach County State Attorney Dave Aronberg commented on the referral, describing it as “performative politics masquerading as legal oversight, and it carries no direct legal weight.” He emphasized that a congressional referral is a partisan suggestion rather than a criminal charge.

This situation is developing, and updates may emerge as more information becomes available.