The Republican-led House Judiciary Committee has formally referred special prosecutor Jack Smith for criminal investigation, accusing him of lying to Congress about his access to phone records belonging to Republican lawmakers during his probe into Donald Trump's efforts to overturn the 2020 election.
Committee Chair Jim Jordan sent a letter to acting Attorney General Todd Blanche on Wednesday night claiming Smith made false statements when he testified in December that his team had only obtained "toll records" containing phone numbers without message content. Jordan asserted that Justice Department documents revealed Smith's investigators actually accessed text messages from 44 members of Congress.
"Based on this new information, there is cause for investigation to determine whether Mr Smith knowingly made false statements to obstruct the Committee's oversight," Jordan wrote.
Smith's legal team immediately pushed back. Lawyers Lanny Breuer and Peter Koski said their client "provided truthful, responsive answers" during both closed-door testimony in December and a public hearing in January. They characterized the referral as an attempt to "weaponize the justice system" against a career public servant.
"Mr Smith agreed to testify before the House Judiciary Committee fully cognizant of the risk that President Trump's Justice Department would try to find something in his testimony to serve as the basis for a criminal charge," the lawyers wrote. They added that this risk existed "not because Mr Smith would make a false statement, but because President Trump has repeatedly ordered that Mr Smith be prosecuted and jailed."
Democrats on the committee launched a fierce counterattack. Ranking Member Jamie Raskin of Maryland called the referral "laughably weak and vindictive," saying Smith gave "clear and consistent" testimony. Raskin argued that Republicans were essentially faulting Smith for not volunteering information they never asked for during questioning.
"Wishing that you had asked different questions while you had the opportunity to examine a witness is not a proper basis for a referral of a witness for criminal prosecution," Raskin said, adding the referral "if ever brought before a judge, will get laughed out of court."
The timing adds another layer to escalating political tensions. The Senate Judiciary Committee is scheduled to vote Thursday morning on advancing Blanche's nomination as Attorney General, a position that would give him authority to decide whether to pursue charges against Smith. The special prosecutor led two investigations into Trump's activities, including the handling of classified documents at his Florida residence. Both cases were dropped after Trump won the 2020 election.
Smith's referral represents the latest effort by Trump allies to pursue legal action against the president's critics. In November, a federal judge threw out criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, both outspoken Trump opponents, signaling potential difficulty for similar prosecutions going forward.
The Justice Department told CBS News it received Jordan's referral and said it "will investigate all evidence of criminal conduct."
Author James Rodriguez: "This is raw political retaliation dressed up in a criminal referral, and everyone in that committee room knows it."
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