Former Special Counsel Jack Smith maintains his innocence following a criminal referral by House Judiciary Committee Chairman Jim Jordan. Accusations suggest Smith lied under oath during a deposition before the House GOP-led panel in December 2025. Smith’s attorneys dismissed the referral as baseless in a letter to Jordan and acting Attorney General Todd Blanche.
Testifying Before the House Judiciary Committee
Smith testified before the House Judiciary Committee amid concerns that President Trump’s Justice Department would find grounds for criminal charges. Smith’s legal team argued that the risk of false statements wasn’t due to any wrongdoing by Smith. They claim that President Trump ordered Smith’s prosecution unjustly, which contradicts democratic principles.
Smith was investigating possible conspiracies by President Trump and allies to overturn the 2020 election results and mishandling of classified documents. Trump denied any wrongdoing in both probes, which concluded after the 2024 election cycle.
Republican Criticism and Investigation
Jim Jordan’s letter to Blanche argued that Smith’s responses misled the committee about access to privileged text messages. Documents released by Senate Judiciary Committee Chairman Chuck Grassley revealed Smith’s team reviewed texts from 44 lawmakers and White House staff. Targeted figures included Jim Jordan, Chuck Grassley, and others.
Smith’s attorneys stated that Smith answered truthfully about telephone toll records and wasn’t questioned about text messages. They argued the criminal referral arose from Smith not disclosing unasked information.
Constitutional Protections
Smith’s team argued that reviewing text messages did not breach constitutional protections in the speech and debate clause. They explained that the clause safeguards legislative acts but does not prevent reviewing exchanges with the Executive Branch, aligning with the investigation’s scope.
Reactions to the Criminal Referral
Trump criticized Smith, labeling him a ‘Trump-hater’ and ‘thug’ due to the investigation. Trump’s supporters viewed Smith as partisan.
The Department of Justice confirmed they received the referral from the House Judiciary Committee and will investigate further. Fox News Digital contacted the committee for comments on Smith’s response.
Reporter Elizabeth Elkind covers politics for Fox News Digital, focusing on the House of Representatives. Follow her on Twitter: @liz_elkind or send tips to [email protected]