House Judiciary Committee Chairman Jim Jordan, R-Ohio, has formally referred former Special Counsel Jack Smith to the U.S. Department of Justice for possible criminal prosecution, alleging that Smith made false statements to Congress during sworn testimony regarding the scope of his investigation into President Donald Trump, as reported by PJ Media.
According to the referral, which was sent July 22 to Acting Attorney General Todd Blanche, Jordan contends Smith provided inaccurate testimony during a December 2025 deposition before the House Judiciary Committee.
The referral alleges Smith testified that his office obtained only telephone toll records and did not seek or review the contents of text messages belonging to members of Congress.
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Jordan argues that recently released records contradict that testimony.
“All individuals have an obligation to comply with a duly authorized congressional inquiry. Mr. Smith is no different,” Jordan wrote in the referral, accusing the former special counsel of making “intentionally false statements” that impeded congressional oversight.
The referral follows the release of records by Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa.
According to Grassley, investigators working for Smith reviewed text messages involving 44 members of Congress from both political parties, along with current and former Trump administration officials, during an investigation known as Operation Arctic Frost.
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Grassley also alleged that some communications were reviewed before a Justice Department filter team completed its privilege review, raising questions about compliance with procedures designed to protect privileged material.
During his December 2025 deposition, Smith testified that investigators sought telephone toll records containing routing information such as phone numbers, dates, times, and call durations rather than the contents of calls or text messages.
Jordan's referral argues that the records released by Grassley demonstrate Smith's team obtained and reviewed message content, which Republicans contend conflicts with Smith's sworn testimony.
The Justice Department confirmed it had received Jordan's referral and stated it would review evidence of any alleged criminal conduct. No criminal charges have been filed against Smith, and the referral itself does not initiate a criminal prosecution.
Smith has denied wrongdoing.
The issue has also drawn attention from other Republican lawmakers.
Last week, Sen. Josh Hawley, R-Mo., discussed the matter during an appearance on Fox News with Sean Hannity.
“What did he do with the text messages? We don't know that yet. What we do know is he absolutely read them. He absolutely shared them with members of his team and all of that illegally,” Hawley said.
“The Justice Department requires that there be screening for any members of Congress [regarding] their text messages. Jack Smith said under oath that he didn't seek the text messages of members of Congress, but in fact, we know that he did. So he lied, he violated the law, he violated the Constitution. This guy ought to be prosecuted.”
Democrats on the House Judiciary Committee disputed Jordan's referral.
Ranking Member Jamie Raskin, D-Md., described the referral as “baseless and vindictive,” arguing that Republicans have mischaracterized Smith's testimony.
According to Raskin, Smith was not specifically questioned about presidential records or lawmakers' text messages during more than 13 hours of testimony and answered questions regarding telephone toll records as they were presented.
Jordan's referral marks the latest step in ongoing congressional scrutiny of Smith's handling of investigations related to President Trump.
In November 2025, Jordan separately referred Smith's former deputy, Thomas Windom, to the Justice Department over alleged obstruction of Congress.
In that earlier referral, Jordan wrote, “Congress cannot perform its oversight function if witnesses who appear before its committees corruptly refuse to provide information that the law requires them to furnish.
The obstruction of a committee investigation undermines Congress’s core constitutional oversight obligations.”
Jordan's latest request asks the Justice Department to determine whether Smith's testimony should be evaluated for possible perjury or making false statements before Congress.
The department has not announced whether it will pursue any additional action beyond reviewing the referral.
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