Jack Smith Denies Allegations Amid DOJ Criminal Referral

Former Special Counsel Jack Smith is defending himself against accusations made by House Judiciary Committee Chairman Jim Jordan, R-Ohio. Jordan has referred Smith to the Department of Justice (DOJ) for potential criminal charges, accusing him of lying under oath during a testimony to the committee in December 2025.

In response to the referral, Smith’s attorneys dismissed it as having no merit. They sent a letter to Jordan and Acting Attorney General Todd Blanche, emphasizing Smith’s willingness to testify despite the risk of being charged by President Trump’s Justice Department.

“Mr. Smith agreed to testify fully aware that President Trump’s Justice Department might seek a reason to prosecute him based on his testimony,” wrote Smith’s attorneys.

The letter obtained by Fox News Digital highlighted Smith’s role in investigating whether then-President Donald Trump and his associates attempted to overturn the 2020 election results and mishandled classified documents. Both investigations concluded following the 2024 presidential cycle, and Trump denied any wrongdoing.

Jim Jordan’s letter to Todd Blanche on Wednesday, first reported by Fox News Digital, argued discrepancies in Smith’s testimony regarding his access to privileged text messages from members of Congress.

“Responses provided by Mr. Smith suggested he lacked access to the content of privileged messages, which we now know to be false,” Jordan stated.

The referral follows Republican scrutiny over Smith’s alleged misuse of the DOJ and violation of constitutional privacy rights. Documents released by Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, revealed Smith’s team accessed text messages from several lawmakers across party lines during their investigation.

When questioned about reviewing lawmakers’ text messages, Smith stated, “no.” He clarified his team only sought telephone toll records.

Smith’s lawyers contended that at no point during the deposition were text messages discussed, and the referral stemmed from his purported failure to disclose information that wasn’t asked about.

“During his testimony, Mr. Smith provided truthful, responsive answers and discussed his work as Special Counsel. This referral reveals an eagerness to misuse the justice system by targeting a nonpartisan public servant dedicated to following the facts and the law,” the lawyers asserted.

Smith’s team defended its decision to access text messages, stating they did not breach constitutional protections in the speech and debate clause, which safeguard legislative acts from being used against Members of Congress.

“The text messages were voluntarily sent from members of Congress to the Executive Branch,” the letter explained, noting no intrusion in the legislative sphere occurred.

Former President Trump repeatedly criticized Smith, accusing him of bias and misconduct. Trump’s allies labeled Smith as excessively partisan.

The DOJ confirmed receipt of Jordan’s referral and promised to investigate any evidence of criminal activity.

Fox News Digital reached out to the committee for comments on Smith’s letter. Reports by Elizabeth Elkind at Fox News Digital, who covers the House of Representatives. Follow her on Twitter at @liz_elkind or send tips to [email protected].