Jack Smith hit with criminal referral after new DOJ records challenge Trump probe testimony

WASHINGTON, DC: Former special counsel Jack Smith was hit with a criminal referral after House Judiciary Committee Chairman Jim Jordan formally asked the Justice Department to investigate whether Smith lied to Congress about investigators' access to lawmakers' text messages during the Trump election interference probe.

Jordan said newly released Justice Department records appear to contradict Smith's sworn testimony.

He argued the documents raise questions about whether Smith's team accessed the contents of congressional text messages despite his deposition answers.

Jim Jordan cites new DOJ records

In a letter to acting Attorney General Todd Blanche, Jordan wrote that the committee was referring "strong evidence" that "appears to show Jack Smith, former Special Counsel, knowingly made false statements during his December 17, 2025, deposition," the New York Post reported on Thursday, July 23.

"While testifying under oath, Mr Smith seemingly made willfully and intentionally false statements of material fact that contradict new documents obtained by the Committee from the Department of Justice (DOJ)," Jordan wrote.

He said the committee was providing the information so the DOJ could investigate "a potential violation of 18 USC § 1001," the report said.

The referral centers on Smith's testimony before the House Judiciary Committee, where he was asked whether he sought a "search warrant for the content of any text messages" from members of Congress.

Smith replied, "No, I don't recall that," while maintaining that his office had obtained only lawmakers' toll records, which identify communications but not the contents of text messages.

Referral focuses on text message dispute

Jordan argued those answers "gave the impression that neither Mr Smith nor his team had access to the content of Members' privileged text messages."

"We now know this to be false," the Ohio Republican wrote.

According to Jordan, Justice Department records released to Senate Judiciary Committee Chairman Chuck Grassley last week showed that more than 40 members of Congress had their text messages viewed by Smith's team.

The DOJ informed Grassley that Smith's investigators "directly accessed" text messages exchanged between lawmakers and White House employees from October 2020 through Jan 20, 2021.  

The department also said a "Filter Team" established to prevent investigators from reviewing privileged material or violating constitutional protections was "bypassed."

Jim Jordan seeks DOJ investigation

Citing those records, Jordan argued there was "cause for investigation to determine whether Mr Smith knowingly made false statements to obstruct the Committee's oversight."

He further claimed Smith's conduct "can only be understood as an effort to thwart the Committee's inquiry by intentionally making false statements and representations before Congress," as per the report.

"We therefore believe that sufficient evidence exists for DOJ to examine whether Mr Smith's actions warrant a charge," Jordan wrote, the report stated.