House Judiciary Chair Jim Jordan (R-Ohio) referred former Special Counsel Jack Smith to the Justice Department on July 22, 2026, alleging that Smith knowingly made false statements during congressional testimony last year. Jordan stated that Smith's statements contradict new documents obtained by the Committee from the Department of Justice. He claimed that Smith's responses suggested that neither he nor his team had access to the content of members' privileged text messages, which Jordan asserts is false.
In response, Smith's lawyers, Peter Koski and Lanny Breuer, described the referral as based on a 'spurious claim' and asserted that Smith provided truthful and responsive answers during his deposition. They argued that the referral reflects an attempt to misuse the justice system against a public servant.
House Judiciary Committee ranking member Jamie Raskin (D-Md.) criticized the referral as 'baseless' and 'vindictive,' asserting that Smith's testimony was clear and consistent. Raskin noted that Smith accurately stated that his subpoena did not seek the content of members' phone calls or messages.
This referral occurs amid ongoing scrutiny of Smith's work as a special counsel, particularly regarding his prosecution of former President Trump. The Justice Department is not obligated to act on congressional criminal referrals.