House Judiciary Committee Chairman Jim Jordan has escalated his confrontation with former special counsel Jack Smith by issuing a criminal referral to the Justice Department, urging federal prosecutors to consider charges against Smith for alleged perjury. The move, announced Wednesday, marks a significant intensification of Republican oversight efforts targeting Smith, who led two high-profile federal investigations into President Donald Trump.
Jordan, an Ohio Republican and close ally of Trump, sent a formal letter to Attorney General Merrick Garland requesting that the Justice Department investigate whether Smith made false statements during his testimony before the House Judiciary Committee in January. The referral accuses Smith of providing misleading answers under oath regarding his handling of evidence and interactions with the White House during the investigations.
The criminal referral is not legally binding but carries political weight, as it formally places the matter before the Justice Department's public integrity section. Jordan's committee has been investigating Smith's conduct for months, focusing on allegations of prosecutorial overreach and potential conflicts of interest in the two cases he oversaw: the classified documents case against Trump and the federal election interference case.
Smith, who served as special counsel from November 2022 until his resignation earlier this year, has denied any wrongdoing. His attorneys have characterized the referral as a politically motivated attack designed to discredit his work and undermine the integrity of the investigations. In a statement released through his legal team, Smith maintained that his testimony was truthful and that the allegations are baseless.
The referral centers on Smith's January 2026 testimony, during which he was questioned about the timing of certain subpoenas and the handling of classified materials. Jordan's letter alleges that Smith's answers contradicted internal Justice Department records and witness statements obtained by the committee. Specifically, the referral claims Smith misrepresented when he learned about the discovery of additional classified documents at Trump's Mar-a-Lago estate and how his team communicated with White House counsel.
Legal experts note that criminal referrals from Congress rarely result in prosecution, as the Justice Department typically conducts its own independent reviews of such allegations. However, the referral places additional pressure on Attorney General Garland, who has faced repeated calls from Republicans to investigate Smith's conduct. The Justice Department declined to comment on the referral, citing standard policy regarding pending matters.
The development comes amid a broader Republican push to hold former Justice Department officials accountable for what they describe as politicized prosecutions during the Biden administration. Several House committees have launched investigations into the handling of the Trump cases, and Jordan has signaled that more referrals could follow against other officials involved in the probes.
Democrats on the Judiciary Committee swiftly condemned the referral, calling it an abuse of congressional power and an attempt to intimidate prosecutors. Representative Jamie Raskin of Maryland, the ranking Democrat on the committee, accused Jordan of weaponizing the committee's authority to settle political scores. «This is not oversight; this is retaliation against a prosecutor who did his job,» Raskin said in a statement.
The referral also reignites debate over the independence of the Justice Department and the limits of congressional oversight. Legal scholars have expressed concern that such referrals could chill future prosecutorial independence by signaling that prosecutors may face political retaliation for investigating powerful figures. Others argue that Congress has a legitimate role in overseeing the executive branch and that referrals are a standard tool for addressing potential misconduct.
Smith's investigations resulted in two indictments against Trump: one in Florida related to the handling of classified documents and one in Washington, D.C., concerning efforts to overturn the 2020 election results. Both cases were dismissed or withdrawn after Trump's election victory in 2024, following a Justice Department policy against prosecuting a sitting president. Smith resigned as special counsel in early 2025, and his office was formally dissolved.
The criminal referral is now before the Justice Department's Office of Professional Responsibility, which will determine whether to open a formal inquiry. Jordan has requested a response within 30 days and has threatened to issue a subpoena if the department fails to act. The committee is also considering holding a contempt of Congress vote against Smith if he refuses to cooperate further with its investigation.
As the 2026 midterm elections approach, the referral is likely to become a rallying point for both parties. Republicans are expected to use it to highlight what they see as Justice Department bias, while Democrats will frame it as an attack on the rule of law. The Justice Department's response, or lack thereof, will be closely watched in the coming weeks.