The Republican chair of the House Judiciary Committee has requested the Justice Department to consider criminal charges against Jack Smith. The former special counsel, who previously brought charges against President Trump, is accused of lying to Congress. These allegations are disputed by the committee’s leading Democrat.
On Wednesday, Representative Jim Jordan of Ohio submitted a criminal referral. This action follows last year’s discovery that investigators accessed phone records of several Republican lawmakers while probing Mr. Trump’s actions after the 2020 election. In a past deposition, Smith stated his team did not access the contents of any calls or text messages, as the records sought included only ‘toll records’ with details such as phone numbers.
However, the Justice Department informed lawmakers last week that a different subpoena, targeting records held by the National Archives and Records Administration, enabled Smith’s team to obtain text messages between Trump White House staffers and members of Congress.
Given this development, Jordan accused Smith of making ‘materially false statements’ and claimed he wrongfully ‘failed to disclose’ obtaining the subpoena involving the National Archives.
All individuals have an obligation to comply with a duly authorized congressional inquiry. Mr. Smith, a former public servant, is no different,” Jordan wrote. “Yet his testimony included intentionally false statements designed to obstruct the Committee’s oversight.
Jordan requested Acting Attorney General Todd Blanche to investigate Smith. It is up to the Justice Department to decide on pursuing criminal charges after receiving a referral from Congress.
A spokesperson from the Justice Department confirmed receipt of the referral letter and assured CBS News, “We will investigate all evidence of criminal conduct.” Meanwhile, Representative Jamie Raskin of Maryland, the House Judiciary Committee’s top Democrat, dismissed the referral as ‘baseless and vindictive.’ He predicted the case would be dismissed if it reached court.
Raskin argued that Smith was questioned about subpoenas for GOP lawmakers’ toll records, not the National Archives request. He insisted Smith truthfully answered the committee’s questions.
The Republicans fault Mr. Smith for not reading the minds of congressional investigators and for not volunteering information they didn’t ask for,” Raskin wrote Wednesday night. “This is absurd. Mr. Smith may be telegenic but he is not telepathic.
CBS News has contacted Smith’s representatives for comment.
This story is ongoing and subject to updates.

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