Allegations of Perjury
House Judiciary Committee Chairman Jim Jordan, R-Ohio, has formally requested that the Department of Justice (DOJ) initiate a criminal investigation into former special counsel Jack Smith. The referral, sent to acting Attorney General Todd Blanche, alleges that Smith provided “willfully and intentionally false statements” during his testimony before the committee in December.
At the center of the dispute is an exchange regarding Smith’s investigation into efforts to overturn the 2020 presidential election. Jordan contends that Smith misled the committee by implying his team did not have access to the content of text messages from members of Congress. Jordan’s letter asserts that recent documents obtained by the Senate Judiciary Committee reveal that Smith’s team possessed text messages from 44 lawmakers, which were provided by the National Archives and Records Administration in August 2023.
Conflicting Interpretations of Testimony
The core of the disagreement lies in the specificity of the questions asked during the December deposition. Smith was asked if he had sought a “search warrant for the content of any text messages from Members” and whether he had asked only for “toll records.” Smith replied, “No, I don’t recall that,” and confirmed he had requested only toll records.
Smith’s legal counsel, Peter Koski and Lanny Breuer, have rejected the accusations, stating that the referral is meritless. They argue that Smith’s answers were truthful and responsive to the specific questions posed about toll records, which do not contain message content. “The referral is made not because Mr. Smith made a false statement—the letter concedes he did not—but because he did not proactively disclose information that was not responsive to a question asked,” his attorneys wrote in a statement.
Political and Institutional Stakes
Ranking member Rep. Jamie Raskin, D-Md., criticized the move, calling it a “baseless” and “vindictive” attempt to harass a former official. Raskin argued that Republicans are faulting Smith for not volunteering information they failed to ask for during his nine-hour deposition and four-hour public hearing.
While the DOJ has confirmed receipt of the referral and stated it will investigate evidence of criminal conduct, such referrals from Congress hold no legal force and do not compel the department to act. However, the move highlights the ongoing friction between the Republican-led House and the former special counsel, who oversaw high-profile investigations into Donald Trump. Trump, who has frequently attacked Smith’s credibility, saw the cases against him dismissed in 2024 following his presidential election victory. Smith resigned from the Justice Department in early 2025.