BS BRIEF:
- House Judiciary Chairman Jim Jordan referred former Special Counsel Jack Smith to the Justice Department for possible criminal prosecution, alleging Smith made false statements to Congress during testimony about whether his team accessed lawmakers’ text messages. The DOJ confirmed it received the referral and said it would review evidence of potential criminal conduct.
- The referral stems from newly released Senate Judiciary Committee records that Republicans say contradict Smith’s prior testimony regarding the scope of communications obtained during the Trump investigations. Smith’s attorneys reject that claim, saying his testimony was truthful and responsive to the questions asked.
- A congressional criminal referral does not require prosecutors to file charges, but it escalates the legal and political scrutiny surrounding the former special counsel’s investigations of President Donald Trump.
JACK SMITH FACES CRIMINAL REFERRAL AS CONGRESS QUESTIONS SWORN TESTIMONY
Former Special Counsel Jack Smith is facing a new legal challenge after House Judiciary Committee Chairman Jim Jordan asked the Justice Department to investigate whether Smith knowingly made false statements during congressional testimony regarding his investigation of President Donald Trump.
Jordan’s referral, sent Wednesday to Acting Attorney General Todd Blanche, alleges Smith misled lawmakers during a December deposition when discussing whether prosecutors had obtained or reviewed the contents of communications involving members of Congress.
In the referral letter, Jordan wrote:
“All individuals have an obligation to comply with a duly authorized congressional inquiry. Mr. Smith, a former public servant, is no different.”
He further alleged:
“His testimony included intentionally false statements designed to obstruct the Committee’s oversight.”
The dispute centers on Smith’s testimony that his office sought telephone toll records rather than message content.
During his appearance before the committee, Smith testified:
“Toll records were sought for historical telephone routing information… Toll records do not include the content of calls.”
When asked whether he had reviewed lawmakers’ text-message content, Smith answered that he had not. Republicans contend newly released Justice Department records obtained through Senate Judiciary Committee oversight paint a different picture.
Earlier this month, Senate Judiciary Committee Chairman Chuck Grassley released records that he says show Smith’s investigative team obtained and reviewed text messages involving 44 members of Congress and White House personnel during the Trump investigation. Grassley has also questioned whether investigators bypassed an internal “filter team” process intended to screen privileged communications before prosecutors reviewed them. The records identified communications involving lawmakers from both political parties as well as senior Trump administration officials, according to the Senate committee.
Smith’s legal team strongly disputes Jordan’s allegations.
In a response released Wednesday, Smith’s attorneys wrote:
“During his testimony, Mr. Smith provided truthful, responsive answers and candidly discussed his work as Special Counsel.”
They argued the referral “reflects a chilling eagerness to weaponize the justice system” against a public servant who followed the law.
House Judiciary Committee Ranking Member Jamie Raskin likewise defended Smith, arguing Republicans were mischaracterizing the exchange and asserting Smith truthfully answered the specific questions posed to him.
The Justice Department confirmed it had received Jordan’s criminal referral.
In a statement, the department said:
“The Department can confirm receipt of the criminal referral… and will investigate all evidence of criminal conduct.”
Whether that review ultimately results in a formal criminal investigation or charges remains uncertain. Congressional referrals carry no legal force and do not require the Justice Department to prosecute.
DBS WIRE SOURCES:
- Fox News – Jack Smith hit with criminal referral as GOP moves testimony fight toward prosecution
- Associated Press – House Republican accuses Smith of lying about Trump probe and refers him for possible prosecution
- ABC News – House Judiciary Committee Chairman Jim Jordan issues criminal referral against former special counsel Jack Smith for alleged perjury
- Axios – Jim Jordan refers Jack Smith to DOJ over alleged false statements
- Senate Judiciary Committee – Jack Smith’s investigative team secretly obtained text messages from 44 members of Congress, committee says
