Congressional Republicans are pressing the Justice Department to open a criminal investigation into Jack Smith, the former special counsel who led federal prosecutions against President Donald Trump, claiming he provided false testimony regarding his investigative methods.
House Judiciary Chairman Jim Jordan sent a letter to the Justice Department late Wednesday arguing that Smith made willfully and intentionally false statements during sworn testimony in December 2025. The Ohio Republican's criminal referral focuses on answers Smith provided about his team's collection of phone records from members of Congress.
The referral continues a broader pattern by the Trump administration and its congressional supporters to target individuals who previously investigated Trump. The Justice Department has already moved to pursue criminal cases against former FBI Director Jim Comey and New York Attorney General Letitia James.
Trump responded to news of the referral on social media in the early morning hours Thursday, posting a brief message that read: "Justice at last???"
Smith previously served as head of the Justice Department's public integrity unit before his appointment as special counsel. In that role, he supervised two separate criminal investigations into Trump. Grand juries returned indictments charging Trump with interference in the 2020 election and with refusing to return classified materials stored at his Mar a Lago resort. Neither case proceeded to trial, in part because Trump's 2024 election victory returned him to the White House.
Smith's legal team issued their own letter Wednesday night to both Jordan and the Justice Department, defending the former special counsel's congressional testimony. Attorneys Lanny Breuer and Peter Koski stated that Smith delivered truthful, responsive answers during his appearance before lawmakers.
"This referral reflects a chilling eagerness to weaponize the justice system by attacking a career, nonpartisan public servant who faithfully and fearlessly performed his duties by following the facts and the law," Breuer and Koski wrote.
Representative Jamie Raskin, the Maryland Democrat who serves as ranking member on the Judiciary Committee, dismissed the referral as baseless. The criminal referral deliberately distorts and misstates the facts, including what questions Republicans actually posed during Smith's interview, Raskin said in a statement, according to NPR.
Raskin argued that the referral would be laughed out of court if it ever reaches a federal judge. Smith's attorneys echoed this defense, asserting that Republican committee members never directly questioned Smith about the specific matters now cited in the referral. Instead, they contend, Republicans are seeking to punish Smith for failing to proactively disclose information he was never asked to provide.
The dispute centers on testimony Smith provided in January 2026 before the House Judiciary Committee regarding his investigations into President Trump. Smith appeared before the committee on January 22, 2026, to answer questions about his work as special counsel.
