Jordan Refers Smith
House GOP Chair Jim Jordan Asks Justice Department to Weigh Charges Against Special Counsel Jack Smith
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Rep. Jim Jordan, the Republican chair of the House Judiciary Committee, has formally asked the Justice Department to consider criminally charging former special counsel Jack Smith, according to CNN. Smith previously led two federal prosecutions against President Donald Trump — one over the January 6 Capitol attack and one over classified documents.
Jordan alleges that Smith misled the committee during closed-door testimony. He also claims Smith's team improperly got text messages between Trump administration officials and members of Congress during their investigation into Trump's response to his 2020 election loss, CNN reported.
Jordan's Criminal Referral Against Jack Smith Explained
Jordan sent a formal criminal referral to the Justice Department. A criminal referral is not a charge — it asks the DOJ to look into whether a crime was committed and decide if charges are warranted. The Justice Department confirmed it received the referral and said it will review all evidence of criminal conduct, according to CNN.
Jordan's core allegation is that Smith lied to the committee. He also claims Smith's investigators grabbed private text messages from sitting members of Congress without proper legal authority. If true, that could raise serious constitutional questions about separation of powers.
Republicans Have Long Targeted Smith for Prosecution
The push to prosecute Smith is not new. Republicans have sought to investigate him since Trump's indictments. Trump himself repeatedly called for Smith to face legal consequences. The criminal referral now gives that effort an official, institutional form through one of Congress's most powerful committees.
Jordan has used the Judiciary Committee aggressively to probe the Justice Department and federal prosecutors since taking the chair in 2023. This referral fits a broader Republican effort to hold Trump's prosecutors accountable now that the GOP controls both Congress and the White House, KRDO reported.
Smith Closed His Office After Trump Won the 2024 Election
Smith dropped both federal cases against Trump after Trump won the 2024 presidential election. He shut down his special counsel office and filed a final report on his investigation. Federal rules bar prosecuting a sitting president, so the cases ended without a verdict, according to ABC 17 News.
Smith has not publicly responded to Jordan's referral. His final report defended his team's work and pushed back against claims of political motivation. Critics of Jordan's move argue it is an act of political retaliation against prosecutors who did their jobs lawfully.
What Happens Next at the Justice Department
The Justice Department under Trump-appointed leadership confirmed it will review the referral. However, a referral does not guarantee charges. Prosecutors must find evidence of an actual crime before moving forward. Legal experts note that charging a former special counsel would be extraordinarily rare and legally complex, KESQ reported.
The move signals that the Trump administration's DOJ is open to scrutinizing the former special counsel's conduct. Whether that results in an indictment or simply a review remains to be seen. Legal observers say the bar for proving Smith committed a crime in his official duties is very high.
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