House Republicans Call for Investigation into Former Special Counsel Jack Smith

The House Judiciary Committee, led by Republicans, is pressing the Justice Department to initiate a criminal investigation into former special counsel Jack Smith. They accuse Smith of providing false statements about his attempts to obtain lawmakers’ phone records.

Jim Jordan, the Republican Chairman of the House Judiciary Committee from Ohio, addressed the DOJ, claiming that Smith “willfully and intentionally” made false statements under oath last December. This criminal referral is part of ongoing efforts by the Trump administration and its congressional allies to investigate those who previously scrutinized Trump.

The Justice Department has tried to pursue criminal cases against former FBI Director Jim Comey and New York’s Attorney General Letitia James. Trump has frequently criticized Smith on social media, celebrating the criminal referral with a post that read, “Justice at last???”

Jack Smith, formerly responsible for heading the Justice Department’s public integrity unit, led two criminal investigations into Trump. The grand juries charged Trump with alleged interference in the 2020 election and for not providing classified materials he kept at Mar-a-Lago. These cases concluded without trial after Trump returned to the White House in 2024.

Lawyers representing Smith, Lanny Breuer and Peter Koski, wrote to both Jordan and the DOJ, arguing that Smith delivered “truthful, responsive answers” during his congressional testimony. They see the referral as a problematic use of the justice system to target a “nonpartisan public servant” who adhered to legal and factual standards.

Rep. Jamie Raskin, the senior Democrat on the Judiciary Committee from Maryland, stated that he believes the referral would not succeed in court. According to Raskin, the referral “distorts and misstates the facts,” particularly concerning the questions asked during Smith’s testimony. He emphasized that Republicans never directly asked Smith about the subpoenas, thus disqualifying claims of deception.

The key issue revolves around subpoenas issued by Smith’s team to gather phone records involving lawmakers in communication with top White House officials. Smith also collected text messages from the National Archives featuring exchanges between White House aides and lawmakers. According to Smith’s lawyers, Republicans did not question him about these matters, yet they seem to hold him accountable for not volunteering this information.