House Republicans have formally requested the Justice Department to initiate a criminal investigation into former special counsel Jack Smith. They accuse Smith of making false statements concerning his attempt to collect phone records of lawmakers. Jim Jordan, the House Judiciary Chairman and Republican from Ohio, communicated to the DOJ, asserting that Smith provided “willfully and intentionally false statements” under oath last December.
This referral is part of a broader effort by the Trump administration and its Congressional allies to target individuals previously involved in investigations concerning Trump. The DOJ has also previously attempted criminal actions against former FBI Director Jim Comey and New York Attorney General Letitia James. Trump has frequently criticized Smith on social media, celebrating news of this criminal referral with a post that read, “Justice at last???”
Smith formerly led the Justice Department’s public integrity unit and managed two criminal investigations involving Trump. These investigations led to grand jury indictments against Trump for alleged 2020 election interference and refusal to surrender classified documents at his Mar-a-Lago resort. However, both legal cases ended prematurely when Trump returned to the presidency in 2024.
Smith’s legal team countered the allegations with a letter to Chairman Jordan and the DOJ, maintaining that Smith offered “truthful, responsive answers” during last year’s Congressional hearing. Lawyers Lanny Breuer and Peter Koski argued the referral signifies a dangerous trend of using the justice system to attack a dedicated public servant committed to the law.
Maryland Representative Jamie Raskin, the leading Democrat on the Judiciary Committee, criticized the referral, suggesting it would be dismissed in court. He claimed the referral misrepresents and distorts the facts, including which questions Republicans actually put to Smith during the inquiry. According to Raskin and Smith’s lawyers, Congress never directly questioned Smith about the subpoenas involving lawmakers’ phone records, or text messages from the National Archives. Consequently, they allege punishment is sought for Smith’s failure to “proactively disclose” information never directly inquired.