House Judiciary Chairman Jim Jordan (R-Ohio) sent a criminal referral to the Department of Justice on Wednesday requesting an investigation into former special counsel Jack Smith. Jordan alleged that Smith made willfully false statements under oath during a December 2025 testimony regarding his efforts to obtain the phone records of members of Congress.
The dispute focuses on whether Smith's prosecution team improperly gathered communication records between lawmakers and White House officials during his investigations into President Donald Trump. Lawyers for Smith, Lanny Breuer and Peter Koski, denied the allegations in a letter to the DOJ, stating that Smith provided truthful answers and that Republican members of Congress did not ask the specific questions they now claim he answered falsely.
Rep. Jamie Raskin (D-Md.), the ranking member of the Judiciary Committee, defended Smith, stating that the referral distorts the facts of the interview. This action follows previous efforts by the current administration and its congressional allies to investigate or prosecute officials involved in prior probes of President Trump, including former FBI Director James Comey and New York Attorney General Letitia James.