The Republican chair of the House Judiciary Committee has urged the Department of Justice to consider criminal charges against Jack Smith. These allegations assert that Smith, who previously served as a special counsel in charge of investigations against President Trump, provided false testimony to Congress. The top Democrat on the committee disputes these claims.

On Wednesday, Rep. Jim Jordan of Ohio issued the criminal referral. This action follows last year’s discovery that investigators reviewed phone records of several Republican lawmakers while investigating President Trump’s actions after the 2020 election. Smith testified last year that his team did not receive the contents of phone calls or text messages. The records in question were toll records, which provide details like phone numbers contacted.

However, last week, the Justice Department informed lawmakers that Smith’s team had also obtained text messages between staffers from the Trump-era White House and members of Congress through a separate subpoena to the National Archives and Records Administration.

Jordan accuses Smith of making false statements and believes Smith did not properly disclose the subpoena to the National Archives. “Everyone has a duty to comply with authorized congressional inquiries,” Jordan stated. “Mr. Smith, like any former public servant, must follow this standard. His testimony included false statements intended to obstruct the Committee’s oversight.” Jordan has requested Acting Attorney General Todd Blanche to investigate Smith.

The Justice Department holds the authority to decide on pursuing any criminal charges following a Congressional referral. A DOJ spokesperson confirmed the receipt of the referral letter and assured that the department will investigate any evidence of criminal activity.

Rep. Jamie Raskin of Maryland, the Judiciary Committee’s leading Democrat, labeled the criminal referral as “baseless and vindictive.” Raskin predicted the case would not hold up in court. According to Raskin, Smith was questioned about subpoenas for toll records rather than the National Archives request. Raskin asserts that Smith answered the committee’s questions truthfully.

“Republicans fault Mr. Smith for a lack of telepathy,” Raskin remarked. “Mr. Smith may present well on screen, but he cannot read minds.” CBS News is seeking comments from Smith’s representatives.