Former Special Counsel Jack Smith has asserted his innocence following a referral by House Judiciary Committee Chairman Jim Jordan, R-Ohio, to the Department of Justice (DOJ) for potential criminal charges. Jordan accused Smith of lying under oath during a deposition before the House GOP-led panel in December 2025. Smith's legal team described the referral as 'meritless' in a letter addressed to Jordan and acting Attorney General Todd Blanche.
In the letter, Smith's attorneys stated that he agreed to testify before the House Judiciary Committee aware of the risks posed by the Justice Department under President Trump. They emphasized that the risk of prosecution did not stem from any false statements made by Smith but rather from Trump's repeated calls for Smith to be prosecuted.
Smith was appointed to investigate allegations concerning President Donald Trump and his associates regarding attempts to overturn the 2020 election results and the handling of classified documents. Trump has denied any wrongdoing in these investigations, which concluded after the 2024 presidential cycle.
Jordan's letter to Blanche claimed that Smith's responses suggested that neither he nor his team had access to privileged text messages from members of Congress, which Jordan argued was false. The referral follows increased scrutiny from Republican lawmakers who have accused Smith of misusing the DOJ and violating constitutional privacy protections.
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, recently released documents indicating that Smith's team had accessed text messages from 44 members of Congress and White House staff during the investigation. This included communications from various lawmakers, such as Jordan and Grassley.
During his testimony, Smith denied having examined lawmakers' text messages, stating that his team only sought telephone toll records. However, his attorneys contended that he was not being questioned about text messages at that time, and the referral was made due to his failure to disclose information not directly asked about.
Smith's legal team argued that he provided truthful and relevant answers during his testimony and that the referral reflects an attempt to misuse the justice system against a nonpartisan public servant. They maintained that obtaining text messages did not violate constitutional protections, as the messages were voluntarily sent to members of the Executive Branch.
Trump has publicly criticized Smith, labeling him a 'Trump-hater' and a 'thug,' while his allies have accused Smith of being a partisan actor targeting the former president. The DOJ confirmed receipt of the criminal referral and stated it would investigate any evidence of criminal conduct, asserting that 'no one is above the law.'