Jordan Refers Special Counsel Smith to DOJ Over Alleged False Congressional Testimony on Trump Investigation

Rep. Jim Jordan of Ohio, chairman of the House Judiciary Committee, has referred special counsel Jack Smith to the Justice Department, contending Smith provided misleading testimony to Congress regarding his investigation into President Donald Trump’s efforts to overturn the 2020 election. Jordan submitted the referral Wednesday, alleging Smith made false statements during closed-door testimony about whether prosecutors obtained records of lawmakers. Smith’s legal team has rejected these claims, stating his testimony was truthful and fully responsive to the questions posed.

The dispute centers on Smith’s December 2025 testimony regarding subpoenas issued for toll records of Republican lawmakers. When asked whether toll records he requested from senators included the content of phone calls and text messages, Smith answered “no” to both questions. Toll records document the time, date, duration and phone numbers of calls but contain no communication content.

Jordan argues Smith’s answers were misleading based on newly disclosed records from Republican Sen. Chuck Grassley of Iowa demonstrating that Smith obtained the contents of 44 lawmakers’ text messages through a separate subpoena to the National Archives and Records Administration. The subpoena targeted communications from various Trump advisers and aides. “The responses provided by Mr. Smith 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,” Jordan wrote in the referral.

Smith’s attorneys, Peter Koski and Lanny Breuer, countered that his answers were “unimpeachably truthful” because he was responding specifically to questions about toll records, which indeed contained no text message contents. They characterized the referral as an attempt to weaponize the justice system against a career public servant who faithfully executed his duties.

Congressional referrals carry no legal binding authority and do not obligate prosecutors to pursue charges. However, the Justice Department under the Trump administration has demonstrated eagerness to investigate and prosecute adversaries of the president. The department confirmed receipt of the referral Wednesday night and stated it “will investigate all evidence of criminal conduct.”

Smith previously charged Trump with conspiring to overturn the 2020 election and illegally retaining classified documents at Mar-a-Lago in Palm Beach, Florida. He abandoned both prosecutions following Trump’s November 2024 election victory, citing Justice Department precedent that sitting presidents cannot face federal indictment. Smith resigned from his position in early 2025, 10 days before Trump’s second inauguration.