Full Breakdown
House Judiciary Chair Jim Jordan Refers Former Special Counsel Jack Smith to DOJ Over Alleged False Testimony
7/23/2026, 1:27:16 PM
Core Event
On July 22, 2026, Rep. Jim Jordan submitted a criminal referral to the Justice Department alleging that former special counsel Jack Smith gave false testimony to the House Judiciary Committee.
Background & Context
Jack Smith was appointed special counsel by Attorney General Merrick Garland in late 2022 to lead two DOJ probes: alleged interference in the 2020 election and the handling of classified documents taken to Mar-a-Lago. During the investigations, Smith’s office obtained “toll records”—metadata showing call and text timestamps—from telecom carriers. A separate subpoena to the National Archives and Records Administration (NARA) produced text messages exchanged between White House staff and members of Congress from October 2020 through January 20, 2021, covering the period surrounding the January 6, 2021 Capitol riot.
Data & Statistics
- Senate Judiciary Committee Chairman Chuck Grassley released documents indicating Smith’s team reviewed text messages from 44 members of Congress—approximately 40 Republicans and four Democrats.
- The messages were obtained from NARA, not directly from telecom providers, and span the October 2020 – January 20, 2021 window.
Official Statements & Responses
Smith’s attorneys, Peter Koski and Lanny Breuer, called the referral “spurious,” asserting that Smith’s deposition answers were “unimpeachably truthful” because the committee asked only about toll-record subpoenas, not about the NARA-provided texts.
Criticism & Opposition
Ranking member Rep. Jamie Raskin (D-MD) called the referral “baseless and vindictive,” noting that Republicans never asked Smith about presidential records and that his answers were accurate. He warned the move would “get laughed out of court” and characterized it as political harassment rather than a legitimate legal claim.
Conflicting Reports & Gaps
- Jordan’s view: Smith’s testimony suggested his team never accessed the content of lawmakers’ privileged texts, which Jordan says is false given the NARA documents.
- Smith’s view: The committee’s questions focused on whether his team sought “search warrants” for message content; Smith answered “No, I don’t recall that,” reflecting that his subpoenas targeted only toll records. His lawyers argue the deposition did not require disclosure of the separate NARA-derived texts.
The dispute centers on whether Smith’s limited answers constitute a material falsehood or a technically accurate response to the specific questions asked.
Verbatim Quotes
- “All individuals have an obligation to comply with a duly authorized congressional inquiry. Mr. Smith, a former public servant, is no different,” — Rep. Jim Jordan
- “Yet his testimony included intentionally false statements designed to obstruct the Committee's oversight.” — Rep. Jim Jordan
- “This referral deliberately distorts and misstates the facts, including what questions the Republicans actually asked at Mr. Smith's interview. The Republicans fault Mr. Smith for not reading the minds of congressional investigators and for not volunteering information they didn't ask for. This is absurd. Mr. Smith may be telegenic but he is not telepathic,” — Rep. Jamie Raskin
Timeline
- December 17, 2025 – Smith testifies before the House Judiciary Committee, stating he did not seek the content of members’ text messages.
- July 14, 2026 – Senate Judiciary Committee releases documents showing Smith’s team accessed texts from 44 members of Congress.
- July 15, 2026 – Acting AG Todd Blanche testifies that the DOJ will investigate the referral.
- July 22, 2026 – Jim Jordan submits the criminal referral to the Justice Department.
