Rep. Jim Jordan Refers Former Special Counsel Jack Smith to DOJ for Possible Prosecution

Rep. Jim Jordan, the Republican chair of the House Judiciary Committee, issued a criminal referral asking the Justice Department to consider prosecuting Jack Smith, the former special counsel who investigated President Trump's efforts to overturn his 2020 election loss. The referral, made public on or around July 22-23, 2026, alleges that Smith made false statements during closed-door testimony before the committee in December, specifically regarding whether he had obtained text messages or other records belonging to lawmakers during his investigation. Jordan's referral asks the DOJ to examine whether Smith's testimony constituted lying to Congress, a potential federal offense. Smith's attorneys have denied the allegation, stating that he testified truthfully and did not make false statements to the committee. The referral formalizes a dispute between Jordan's committee and Smith that had been ongoing since his December testimony, moving the matter from a congressional inquiry toward a potential prosecutorial review by the Justice Department. As of the reporting, the Justice Department had not announced any decision on whether to pursue charges against Smith. Whether Smith actually obtained or accessed lawmakers' records, and whether any such conduct was accurately described in his testimony, remains disputed between Jordan's committee and Smith's legal team. It is also unresolved what specific records were reportedly involved, how the DOJ will respond to the referral, or whether any formal investigation will follow.