House Judiciary Chair Requests Investigation into Former Special Counsel

On Wednesday, the top Republican of the House Judiciary Committee requested an investigation into former special counsel Jack Smith by the Justice Department. Representative Jim Jordan, from Ohio, alleged that Smith made false statements during a congressional deposition last year. Jordan sent a letter to acting Attorney General Todd Blanche, claiming that Smith made willfully false statements conflicting with new documents obtained by the Senate Judiciary Committee.

Jordan’s letter mentions strong evidence found by his committee, urging the Justice Department to charge Smith criminally. A Justice Department spokesperson acknowledged the referral, stating they would investigate any criminal conduct evidence.

Smith, often criticized by former President Donald Trump over his prosecutions, had been overseeing two major investigations in 2022. These investigations involved election interference in the 2020 presidential election and allegations of Trump mishandling classified documents. Both cases were dismissed in 2024 after Trump was re-elected. By longstanding policy, a sitting president cannot be prosecuted.

Jordan cited a deposition exchange where Smith was asked if he sought text message search warrants from Members. Smith replied he didn’t recall this, confirming he only sought toll records.

Smith’s attorneys, Peter Koski and Lanny Breuer, denied any false statements, asserting he gave truthful and responsive answers. They argued the referral attacks a diligent, nonpartisan public servant for not disclosing non-responsive information.

Meanwhile, Rep. Jamie Raskin, D-Md., disputed Jordan’s referral, stating it distorted facts and incorrectly represented the questions asked during Smith’s interview. Raskin asserted Republicans did not inquire about presidential records, noting Smith couldn’t have lied without proper questioning.

The Senate Judiciary Committee claimed Smith reviewed text messages from 44 Congress members as part of the Trump investigations. These messages, from both parties but primarily Republicans, were initially received from the National Archives and Records Administration.

Smith’s team acquired messages from October 2020 to January 2021 without waiting for a Filter Team to segregate privileged information. According to the Senate Judiciary Committee, this action violated the Constitution’s Speech and Debate Clause.

Committee Chairman Chuck Grassley, R-Iowa, whose messages were reviewed, criticized Smith’s team for bypassing constitutional protections. Grassley plans to require Smith’s accountability before the committee in upcoming months.