Jack Smith Faces DOJ Criminal Referral, Accused of Lying in Testimony

House Judiciary Committee Chairman Jim Jordan has referred former special counsel Jack Smith to the Department of Justice (DOJ) for potential prosecution, accusing Smith of making false statements during his testimony before Congress. In a letter to acting Attorney General Todd Blanche on Wednesday, Jordan, a Republican, argued that newly released DOJ records contradict Smith's previous assertions regarding his office's access to communications involving members of Congress during the former DOJ special counsel's investigations of President Donald Trump. Jordan asked the DOJ to evaluate whether Smith's testimony violated federal laws governing false statements. Newsweek reached out to the DOJ and Smith's lawyers via email Wednesday night for comment. What To Know The referral follows Senate Judiciary Committee Chairman Chuck Grassley, also a Republican, alleging to have records that he says show Smith's investigative team accessed text messages involving 44 members of Congress, including himself. "I received records frm [sic] DOJ confirming Jack Smith's investigative team reviewed the contents of text msgs sent by 44 MEMBERS OF CONGRESS Im 1 of the 44 Im alerting my colleagues who were impacted and will release the records w Sen Johnson so American ppl can see the evidence," Grassley said on X earlier this month. Jordan says that according to those records, investigators allegedly reviewed some communications before they underwent a standard "filter team" review designed to protect privileged material. Republicans contend those documents conflict with Smith's testimony that "gave the impression" neither he nor his team had access to lawmakers' privileged text messages. "This referral deliberately distorts and misstates the facts, including what questions the Republicans actually asked at Mr. Smith's interview. The Republicans fault Mr. Smith for not reading the minds of congressional investigators and for not volunteering information they didn't ask for. This is absurd. Mr. Smith may be telegenic but he is not telepathic," Democrat Jamie Raskin, ranking member on the House Judiciary Committee, said in a statement, according to Fox News. Is a DOJ Referral a Criminal Charge? A congressional criminal referral does not result in charges by itself. Instead, it asks the DOJ to determine whether an investigation or prosecution is warranted. It remains unclear whether the DOJ will pursue the allegations against Smith, who has consistently defended his work as special counsel and maintained that his investigations into Trump were conducted in accordance with the law. Former Palm Beach County State Attorney Dave Aronberg told Newsweek on Wednesday night that "This is performative politics masquerading as legal oversight, and it carries no direct legal weight. A congressional referral is simply a partisan suggestion, not a criminal charge. The Justice Department could open an inquiry to appease the President, but this is not a legitimate criminal matter. Instead, it's a transparent attempt to misuse House committee oversight for political retaliation."