House GOP Refers Former Special Counsel Jack Smith to DOJ Over Congressional Testimony

Former Special Counsel Jack Smith faces a criminal referral from House Judiciary Committee Chairman Jim Jordan to the Department of Justice, stemming from allegations that Smith withheld material information during a congressional deposition. The referral centers on Smith’s testimony before Congress regarding his prosecution of President Donald Trump across two jurisdictions, which ultimately failed to secure convictions before Trump’s return to office.

During his deposition, Smith testified that he obtained toll records through search warrants—documents showing only who called whom and when. When asked whether he had acquired the contents of communications through such warrants, Smith denied doing so. However, investigators discovered Smith had obtained text message contents through the National Archives, a fact he failed to disclose to lawmakers conducting oversight.

The withheld information involved 44 Members of Congress, including 20 senators and 24 representatives, whose communications were accessed during the Biden administration’s investigation. Senate Judiciary Committee Chairman Chuck Grassley uncovered this information last month, revealing that Thomas Windom, a member of Smith’s team, obtained the contents without subjecting them to review by a “taint team” to ensure communications protected by the Speech and Debate Clause were properly handled.

Smith’s omission of this crucial detail constitutes a violation of 18 U.S.C. § 1001, which prohibits making knowingly and willfully false statements during government proceedings, according to the referral. The disclosure of how congressional communications were obtained remains material to proper congressional oversight of Smith’s prosecutorial conduct.