Jack Smith Referred For Criminal Investigation Over Alleged False Statements To Congress

Former Special Counsel Jack Smith has been referred to the Department of Justice for a criminal investigation after House Judiciary Committee Chairman Jim Jordan alleged Smith knowingly made false statements to Congress during sworn testimony about his investigation into President Trump. The referral asks the DOJ to determine whether Smith violated federal law by misleading lawmakers during a December 2025 deposition.

Jordan’s letter to acting Attorney General Todd Blanche argues that newly released Justice Department records directly contradict Smith’s testimony. During his deposition, Smith indicated that he did not seek search warrants for the contents of text messages belonging to members of Congress and suggested his office had obtained only phone toll records rather than message content.

According to documents recently provided to Congress, however, Smith’s investigative team allegedly accessed text messages exchanged between more than 40 members of Congress and White House officials during the investigation into President Trump‘s efforts to challenge the 2020 election results. The records also indicate that a “Filter Team” established to prevent investigators from viewing privileged communications was bypassed, allowing Smith’s team to review the messages directly.

Jordan contends the newly released records provide “strong evidence” that Smith intentionally misled Congress and obstructed the committee’s oversight responsibilities. His referral requests that federal prosecutors investigate whether Smith violated 18 U.S.C. § 1001, the federal statute prohibiting false statements to Congress.

The referral itself does not require the Justice Department to bring charges, but it formally asks prosecutors to review the evidence and determine whether a criminal investigation is warranted. Congressional referrals carry no legal obligation for the DOJ to act, though department officials have acknowledged receiving the request.

Neither Smith nor his attorney immediately responded to the allegations. If the Justice Department decides to pursue the matter, investigators would examine whether Smith’s testimony was knowingly false or whether the apparent discrepancy stemmed from the scope of the questions asked during his deposition.