House Judiciary Chairman Jim Jordan Files Criminal Referral Against Former Special Counsel Jack Smith for Perjury
The DOJ has confirmed receipt of the referral and stated it will investigate all evidence of criminal conduct. Democratic Response and Legal Questions Rep.

House Judiciary Committee Chairman Jim Jordan has referred former Special Counsel Jack Smith to the Department of Justice for allegedly providing false testimony before Congress in December. The referral centers on conflicting accounts regarding phone records obtained during investigations into former President Trump's actions after the 2020 election. The DOJ confirmed receipt of the referral and said it will investigate all evidence of criminal conduct.
The Disputed Testimony
Jordan's referral letter, sent to Acting Attorney General Todd Blanche, alleges that Smith made "willfully and intentionally false statements" during a deposition on December 17. The core dispute involves what information Smith's team obtained from Republican lawmakers' phone records. During his testimony, Smith stated that investigators received only "toll records"—basic details such as phone numbers dialed—without access to the actual contents of calls or text messages.
However, the Justice Department later informed lawmakers that through a separate subpoena to the National Archives and Records Administration, Smith's team obtained text messages exchanged between Trump-era White House staffers and numerous members of Congress. Jordan characterized these discrepancies as a failure to disclose material information and argued that Smith's testimony was designed to obstruct congressional oversight.
Democratic Response and Legal Questions
Rep. Jamie Raskin of Maryland, the House Judiciary Committee's ranking Democrat, rejected the referral as "baseless and vindictive." Raskin argued that Smith was specifically questioned about the GOP lawmakers' toll records during his deposition, not the National Archives subpoena, and therefore answered the questions posed truthfully. He contended that the committee is faulting Smith for not volunteering information that investigators did not directly ask about.
Raskin predicted the case would "get laughed out of court" if pursued judicially. Lawyers for Smith have not yet issued a public statement responding to the allegations. The determination of whether criminal charges will be pursued rests with the Justice Department, which now has the referral under review.
What specific statements did Jack Smith allegedly make falsely?+
Who is Jack Smith and why was he investigating Trump?+
Can the House Judiciary Committee force the DOJ to prosecute?+
What does Jim Jordan argue about Smith's conduct?+
What is Jamie Raskin's main defense of Smith?+
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