Smith Perjury Allegations
House Chairman Jordan Refers Jack Smith to DOJ for Potential Perjury Over Lawmakers' Texts
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Key Points
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Smith's lawyers argue the referral rests on nonresponsive disclosure rather than a false statement; they say he provided truthful, responsive answers and that the issue is whether nonresponsive information was proactively disclosed.
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New documents indicate Smith's team reviewed text messages from 44 lawmakers, contradicting Smith's sworn testimony that only toll records were sought.
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The December 2025 deposition reportedly lasted eight hours, with questions centered on whether prosecutors sought the actual content of lawmakers' texts versus toll records.
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A congressional criminal referral is nonbinding; the DOJ is not required to pursue charges or open an investigation solely based on this referral.
House Judiciary Committee Chairman Jim Jordan has formally asked the Department of Justice to open a criminal investigation into former special counsel Jack Smith, accusing him of lying to Congress, according to NBC News. Jordan alleges Smith made false statements during a December 2025 deposition — a session that stretched eight hours — about whether prosecutors got the actual content of lawmakers' text messages during the 2020 election investigation.
The referral centers on a stark conflict. New documents show Smith's team reviewed text messages from 44 lawmakers. But Smith testified under oath that prosecutors sought only toll records — logs of who texted whom — not message content. Jordan argues that gap amounts to willful false statements under federal law, Yahoo News reported.
What Smith Said vs. What Documents Show
During his December deposition, Smith was asked a narrow but loaded question: did prosecutors seek warrants for the content of lawmakers' text messages? Smith said no — only toll records were sought. Toll records show metadata, like call and text logs, but not what was written inside a message.
Jordan then pointed to documents suggesting Smith's team actually reviewed text content from 44 members of Congress. That directly contradicts Smith's sworn answer, Jordan argues. Lying to Congress can violate 18 U.S.C. §1001, a federal law that carries up to five years in prison, according to Now Mississippi.
Smith's Lawyers Push Back Hard on the Referral
Smith's legal team is not staying quiet. His lawyers argue the referral misreads what happened. They say Smith gave truthful, responsive answers to the questions he was asked. The real dispute, they say, is whether Smith's team should have volunteered information that was not directly asked for — what lawyers call nonresponsive disclosure.
In plain terms: Smith's side says he answered what he was asked, accurately. Jordan's side says the full picture proves he misled Congress. Smith's lawyers reject the idea that honest answers can become perjury just because extra details were not offered up, according to NBC News.
A Referral Has No Legal Force on Its Own
A congressional criminal referral is not a charge. It is not an indictment. It is essentially a letter asking the DOJ to look into something. The DOJ is not required to open an investigation or pursue any charges just because Congress sends one, according to Streamline Feed.
The DOJ confirmed it received the referral and said it will review the evidence. That review could lead anywhere — a full investigation, a quiet decision not to act, or something in between. Given the current political climate around Trump-era prosecutions, the DOJ's next move will be closely watched.
Democrats Call It Political, Republicans Call It Accountability
The referral landed in a deeply partisan atmosphere. Democrats quickly dismissed it as a stunt — a move to punish a prosecutor who went after former President Donald Trump. Critics say Jordan is using Congress to weaponize the justice system against political opponents, according to AOL News.
Republicans backing Jordan frame it differently. They say no one — not even a special counsel — gets to lie to Congress without consequences. The clash reflects a broader fight over how federal investigations are run, who oversees them, and whether prosecutorial independence has limits when lawmakers ask direct questions.
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