House Republicans are pressing for a criminal probe into former special counsel Jack Smith. They claim Smith made false statements last year regarding his efforts to obtain phone records of lawmakers.
House Judiciary Chairman Jim Jordan, representing Ohio, sent a letter to the DOJ, suggesting Smith’s responses under oath were intentionally misleading last December.
This criminal referral signifies another attempt by the Trump administration and its congressional supporters to target those who previously investigated Trump. The DOJ has already pursued actions against former FBI Director Jim Comey and New York Attorney General Letitia James. Smith has frequently faced criticism from Trump on social media, with Trump commenting “Justice at last???” following news of the referral.
Smith, who once led the DOJ’s public integrity unit, directed two criminal investigations involving Trump. Grand juries indicted Trump for alleged 2020 election interference and for not returning classified documents from Mar-a-Lago. Both cases concluded before trials due to Trump’s 2024 election victory, allowing his return to the White House.
Smith’s lawyers, Lanny Breuer and Peter Koski, countered the referral by insisting he gave “truthful, responsive answers” to Congress. They described the referral as an attempt to misuse the justice system against a dedicated public servant who followed legal protocols.
Rep. Jamie Raskin of Maryland, the lead Democrat on the Judiciary Committee, expressed skepticism about the referral, suggesting it would be dismissed by a federal judge. Raskin claimed the referral misrepresents the facts and the nature of questions posed to Smith.
The dispute centers around subpoenas for phone records from six years ago, involving communications between legislators and White House officials. Smith’s team also obtained text messages from White House phones, storing exchanges involving White House staff and lawmakers. According to Smith’s lawyers, Republicans never questioned him directly about these records, yet now accuse him for not voluntarily revealing details.

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