Former Special Counsel Jack Smith’s legal team has dismissed a recent criminal referral by House Judiciary Committee Chairman Jim Jordan as unfounded and politically motivated. The referral accuses Smith of providing false testimony during a December 2025 deposition concerning his investigation into former President Donald Trump’s efforts to overturn the 2020 election.
In a letter to Acting Attorney General Todd Blanche, Jordan alleged that Smith “knowingly made false statements” under oath, particularly regarding the acquisition of phone records from 44 lawmakers. Jordan contends that Smith’s testimony misrepresented the extent of his investigative actions.
Smith’s attorneys, Peter Koski and Lanny Breuer, responded by asserting that the referral is based on a “spurious claim” and that Smith’s testimony was “unimpeachably truthful.” They emphasized that Smith’s responses were accurate and consistent, focusing specifically on the toll records subpoenas, which did not include the content of communications. They further argued that the referral reflects a “chilling eagerness to weaponize the justice system by attacking a career, nonpartisan public servant who faithfully and fearlessly performed his duties by following the facts and the law.” ([latimes.com](https://www.latimes.com/world-nation/story/2026-07-23/house-republican-says-smith-may-have-lied-about-trump-probe-refers-him-for-possible-prosecution?utm_source=openai))
Democratic Representative Jamie Raskin also criticized the referral, describing it as “baseless” and “vindictive.” He stated that Smith provided clear and consistent testimony, and accused Republicans of faulting Smith for not volunteering information they did not ask for. ([latimes.com](https://www.latimes.com/world-nation/story/2026-07-23/house-republican-says-smith-may-have-lied-about-trump-probe-refers-him-for-possible-prosecution?utm_source=openai))
The Department of Justice has acknowledged receipt of the referral and stated that it “will investigate all evidence of criminal conduct.” However, it is important to note that congressional referrals do not compel the DOJ to take action. ([latimes.com](https://www.latimes.com/world-nation/story/2026-07-23/house-republican-says-smith-may-have-lied-about-trump-probe-refers-him-for-possible-prosecution?utm_source=openai))
This development adds to the ongoing partisan debate surrounding investigations into former President Trump. Smith had previously led two federal criminal cases against Trump, which were concluded after Trump’s election win in 2024, citing longstanding DOJ policy against indicting sitting presidents. ([latimes.com](https://www.latimes.com/world-nation/story/2026-07-23/house-republican-says-smith-may-have-lied-about-trump-probe-refers-him-for-possible-prosecution?utm_source=openai))