Fox News reports that Jack Smith, former special counsel under President Biden, may face criminal prosecution. This comes after Republicans accused Smith of misleading Congress about the extent of his investigation into President Donald Trump.
Jim Jordan, Chairman of the House Judiciary Committee and a Republican from Ohio, issued a criminal referral for Smith. Jordan cited new records that seem to contradict Smith’s previous testimony. These records suggest that Smith obtained and reviewed text messages from lawmakers during his investigations into Trump.
“All individuals have an obligation to comply with a duly authorized congressional inquiry. Mr. Smith, a former public servant, is no different,” Jordan stated in his letter to acting Attorney General Todd Blanche.
Jordan accused Smith of intentionally providing false statements before Congress to hinder the committee’s oversight efforts. According to Jordan, the Department of Justice should investigate if Smith’s actions were criminal.
Smith had previously testified before the House Judiciary Committee, asserting that neither he nor his team had access to the content of privileged text messages belonging to members of Congress. Jordan’s letter disputes this, claiming Smith’s statements were misleading.
Republicans have scrutinized Smith over allegations of weaponizing the Justice Department. Concerns include violating privacy protections during his investigations into the 2020 election interference and Trump’s handling of classified documents. Smith has denied these accusations.
Recently, Senate Judiciary Committee Chairman Chuck Grassley shared documents indicating that Smith’s team accessed text messages of 44 members of Congress and White House staff. The targeted individuals included Jim Jordan, Chuck Grassley, Lindsey Graham, Susan Collins, House Majority Leader Steve Scalise, and Cory Booker. Trump officials like Mike Pence, Stephen Miller, Kash Patel, and Ivanka Trump were also involved.
Grassley’s office highlighted potential violations of investigative protocols by Smith’s team. Specifically, they accessed text messages without review by a designated “filter team,” which is meant to protect privileged information. When questioned, Smith denied examining lawmakers’ text messages, affirming his team only requested telephone toll records.

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