Former special counsel Jack Smith faces a criminal referral from House Judiciary Committee Chairman Jim Jordan, who accused Smith of making false statements to Congress about his team’s access to lawmakers’ text messages during investigations into President Donald Trump.
Jordan issued the referral on Wednesday, citing newly released Senate records that contradict Smith’s December 2025 testimony to the House Judiciary Committee. When asked under oath if he examined the contents of lawmakers’ text messages, Smith said “no,” testifying instead that his team only sought telephone toll records—historical routing information showing call numbers, times, and duration, without message content.
“All individuals have an obligation to comply with a duly authorized congressional inquiry,” Jordan wrote in his referral letter to acting Attorney General Todd Blanche. “Yet his testimony included intentionally false statements designed to obstruct the Committee’s oversight.”
Senate Judiciary Committee Chairman Chuck Grassley released documents last week showing that Smith’s investigative team had accessed and read text messages from 44 members of Congress from both parties, including Republicans Jim Jordan and Grassley himself, as well as Democrats like Cory Booker. The targeted lawmakers also included late Senator Lindsey Graham, Senator Susan Collins, and House Majority Leader Steve Scalise.
According to the Senate records, Smith’s team also violated standard investigative protocols by accessing the text messages without review by a “filter team”—a safeguard designed to prevent investigators from accessing privileged information. The documents showed that Trump administration officials including former Vice President Mike Pence, White House Deputy Chief of Staff Stephen Miller, FBI Director Kash Patel, and Ivanka Trump were among those whose communications were reviewed.
Smith was appointed special counsel by Attorney General Merrick Garland in November 2022 to oversee two federal criminal investigations into Trump: one regarding alleged attempts to overturn the 2020 election and another concerning the handling of classified documents. Smith has denied any wrongdoing in his investigative practices. The Justice Department did not immediately respond to requests for comment on the referral.
Sources
- Fox News — Details of Jordan’s criminal referral, Smith’s December testimony, and the scope of text message access by Smith’s team
- Senate Judiciary Committee (Grassley office) — Release of documents showing Smith’s team obtained text messages from 44 members of Congress and violated investigative protocols
- Department of Justice — Confirmation of Smith’s appointment as special counsel in November 2022
- The New York Times — Reporting on Jordan’s referral as a potential catalyst for prosecution
