House Judiciary Committee Chairman Jim Jordan issues criminal referral against former special counsel Jack Smith for alleged perjury
Jordan Refers Smith for Perjury Over Phone Records
Tyunews.com – On Wednesday, House Judiciary Committee Chairman Jim Jordan took formal action by issuing a criminal referral against former Special Counsel Jack Smith. The referral alleges that Smith made false statements under oath during his congressional testimony last December. This significant development has sparked debate among legal experts and political observers alike about the potential consequences for Smith's career.
The official letter, addressed to Acting Attorney General Todd Blanche, presents what Jordan described as compelling evidence of perjury. "The Committee on the Judiciary writes to refer strong evidence that appears to show Jack Smith, former Special Counsel, knowingly made false statements during his December 17, 2025 deposition," Jordan wrote in the document. The referral specifically targets Smith's testimony regarding his team's access to text message content from members of Congress.
Phone Records Dispute at Center of Referral
The heart of Jordan's complaint involves Smith's sworn statements about phone records obtained during his investigation. According to the referral, Smith had asserted that his team could not access the actual content of text messages from 44 lawmakers who communicated with President Donald Trump and White House officials. These communications were related to efforts to challenge the 2020 election results.
Jordan's letter highlighted a critical discrepancy in Smith's testimony. "This information calls into question the completeness and accuracy of statements that Mr. Smith made under oath to the Committee regarding his team's access to the content of Members' text messages," Jordan wrote in the referral document. The chairman emphasized that new evidence contradicts Smith's previous assertions.
According to the chairman, Smith's congressional responses had suggested that neither he nor his investigative team could access privileged text message content from members of Congress. "We now know this to be false," Jordan declared in the referral document. This revelation forms the basis for the criminal referral being sent to the Department of Justice.
"His conduct can only be understood as an effort to thwart the Committee's inquiry by intentionally making false statements and representations before Congress. We therefore believe that sufficient evidence exists for DOJ to examine whether Mr. Smith's actions warrant a charge," the letter concluded.
Smith's Defense and Political Reactions
Attorneys representing Smith quickly responded to the referral, arguing that Smith's statements could not reasonably be interpreted as perjury. They characterized the action as reflecting "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." The legal team maintained that Smith's testimony was accurate and taken out of context.
Top Judiciary Democrat Rep. Jamie Raskin also condemned the GOP-led referral. Calling it both "baseless" and "vindictive," Raskin defended Smith's testimony. "Jack Smith was clear and consistent in his testimony, and he told the truth. When asked if his subpoena for Members' toll records sought the content of either Member's phone calls or messages, he truthfully replied that they did not," Raskin stated. The representative further predicted that the referral "if ever brought before a judge, will get laughed out of court" and serves primarily "to harass Jack Smith."
This development follows comments from Todd Blanche during his confirmation hearing last week. When Senator Josh Hawley of Missouri asked whether the Department of Justice might investigate Smith for perjury, Blanche acknowledged the possibility. "Have you thought about investigating this guy for perjury?" Hawley inquired after recounting Smith's previous testimony denying that toll records included message contents. "We take testimony in front of this body very seriously, yes," Blanche replied.
During Smith's investigation into the January 6 Capitol assault, his office obtained limited phone toll data from eight senators and one House member in the days surrounding the attack. It is worth noting that criminal referrals function as recommendations rather than guarantees of prosecution. Smith, who testified before the House Judiciary Committee on January 22, 2026, continues to face scrutiny as political tensions surrounding his work persist.