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House Judiciary Chair Refers Jack Smith To DOJ As Smith And Democrats Denounce Alleged False-Testimony Claim
On Wednesday, July 22, 2026, House Judiciary Chair Rep. Jim Jordan sent a criminal referral to the Justice Department asking it to investigate former special counsel Jack Smith for allegedly lying to Congress.[1]
Jordan's referral rests on a December 17, 2025, closed-door deposition in which Smith said his team obtained only telephone toll records and not the contents of calls or texts.[2] Republicans point to newly disclosed Justice Department records showing Smith's team obtained text messages from 44 lawmakers via a separate National Archives subpoena.[3] The Justice Department confirmed it received Jordan's referral and said it "will investigate all evidence of criminal conduct." CBS News
Smith's lawyers Lanny Breuer and Peter Koski called his deposition answers "truthful, responsive" and described the referral as "meritless" and "spurious." NPR House Judiciary ranking member Rep. Jamie Raskin said the referral was "baseless and vindictive" and argued Republicans never asked Smith about the National Archives subpoena during his testimony.[1]
Early coverage presented Jordan's filing as a straightforward accusation of false testimony, but later reporting framed the move as part of a broader push by Trump allies to go after officials who investigated him.[4] PBS News highlighted that Republicans did not directly ask Smith whether his team had obtained presidential records from the National Archives.[2] That gap underlies Democratic and lawyers' defenses that failing to volunteer unasked information is not a crime.[4]
Show source details & analysis (5 sources)
📌 Key Facts
- On Wednesday, July 22, 2026, House Judiciary Chair Rep. Jim Jordan sent a criminal referral to the Justice Department asking it to investigate former special counsel Jack Smith for allegedly lying to Congress about data obtained in his Trump-related investigation (Rep. Jim Jordan).
- Jordan's referral centers on a discrepancy tied to Smith's Dec. 17, 2025 closed-door deposition—where Smith said his team obtained only telephone toll records with no call or text contents—and later disclosures that a separate National Archives subpoena yielded text messages between Trump-era White House staff and dozens of members of Congress; PBS quotes the precise deposition questions and answers that form the basis of the allegation (Dec. 17, 2025 closed-door deposition).
- Jordan accuses Smith of making 'materially false statements' and asked Acting Attorney General Todd Blanche to open a criminal investigation; the Justice Department confirmed it received Jordan's July 22 referral and said it 'will investigate all evidence of criminal conduct' (Acting Attorney General Todd Blanche).
- Jordan's letter cites DOJ documents produced in July 2026 showing Smith’s team obtained the contents of text messages from 44 lawmakers via a National Archives subpoena, which Republicans say contradicts Smith's deposition claim about seeking only toll records (44 lawmakers).
- Smith's lawyers Lanny Breuer and Peter Koski sent a letter calling Smith's deposition answers 'truthful, responsive' and the criminal referral 'meritless' and 'spurious,' arguing Smith did not testify falsely but did not volunteer that some congressional texts were obtained indirectly via the National Archives (Lanny Breuer and Peter Koski).
- House Judiciary ranking member Rep. Jamie Raskin and other Democrats called the referral 'baseless and vindictive,' arguing Republicans never asked Smith about the National Archives subpoena or presidential records and that failing to volunteer unasked information is not a basis for criminal prosecution (Rep. Jamie Raskin).
- NPR frames Jordan's referral as part of a broader effort by Trump allies to pursue officials who investigated him, noting the Justice Department under Trump attempted to initiate criminal cases against other figures such as Jim Comey and Letitia James (Jim Comey and Letitia James).
📰 Source Timeline (5)
Follow how coverage of this story developed over time
July 23, 2026
4:49 PM
Rep. Jim Jordan refers Jack Smith for possible prosecution, saying he have have misled on Trump probe
New information:
- Article specifies that Jordan's criminal referral was sent on Wednesday, July 22, 2026, and centers on a December 2025 exchange about toll-record subpoenas for Republican lawmakers' phone data.
- It quotes the precise questions and answers where Smith said the toll records did not include the content of phone calls or text messages, forming the basis of Jordan's allegation.
- The piece explains Jordan is relying on newly released records from Sen. Chuck Grassley showing Smith's team obtained the contents of 44 lawmakers' text messages via a separate National Archives subpoena.
- Smith's lawyers Peter Koski and Lanny Breuer send a letter to Jordan and Rep. Jamie Raskin calling Smith's deposition answers 'unimpeachably truthful' and stressing the questions were limited to toll-record subpoenas that did not include message content.
- Rep. Jamie Raskin issues a detailed statement arguing Republicans never asked Smith about presidential records or the National Archives subpoena and that failing to volunteer unasked information is not a basis for criminal referral.
- DOJ confirms receipt of the referral and states it 'will investigate all evidence of criminal conduct,' while the article notes that such referrals carry no legal force but that DOJ under Trump has pursued some presidential adversaries.
2:12 PM
Republicans in Congress Urge Justice Department to Investigate Former Prosecutor Jack Smith
New information:
- On Wednesday night, July 22, 2026, House Judiciary Chair Jim Jordan sent DOJ a criminal referral accusing former special counsel Jack Smith of making 'willfully and intentionally false statements' in December 2025 testimony, and NPR frames the move as part of a broader Trump-era campaign to pursue officials who investigated him.
- Jack Smith's lawyers Lanny Breuer and Peter Koski released a letter on the night of July 22 stating that Smith gave 'truthful, responsive answers' and arguing the referral reflects 'a chilling eagerness to weaponize the justice system' by attacking a career, nonpartisan public servant.
- Rep. Jamie Raskin, the Judiciary Committee's top Democrat, said in a statement that the referral would be 'laughed out of court' and asserted that GOP members never asked Smith the specific question their false-testimony theory relies on.
- NPR notes that DOJ has already tried to initiate criminal cases against former FBI Director Jim Comey and New York Attorney General Letitia James, situating the Smith referral within a pattern of efforts to pursue Trump investigators.
- The article clarifies that Smith's disputed testimony involved subpoenas for lawmakers' phone toll records and separate text messages obtained from the National Archives, and that Smith's lawyers say Republicans never directly asked about the latter during his deposition.
3:45 AM
Rep. Jim Jordan refers Jack Smith to DOJ for potential criminal investigation
New information:
- On Wednesday, July 22, 2026, Rep. Jim Jordan’s referral specifically alleges that Jack Smith “made willfully and intentionally false statements” in a Dec. 17, 2025 closed-door deposition about whether his team obtained text-message contents from members of Congress.
- Jordan’s letter cites DOJ documents produced in July 2026 that show Smith’s team obtained text messages from 44 lawmakers, which Jordan says contradict Smith’s deposition claim that he only sought toll records and did not seek search warrants for text contents.
- Smith’s attorneys sent a written response to DOJ calling the referral “meritless” and a “spurious claim,” arguing that Smith did not testify falsely but simply did not volunteer that some congressional texts were obtained indirectly via the National Archives.
- The article reiterates that as special counsel under the Biden administration, Smith brought two federal indictments against Donald Trump and later dropped both after Trump’s 2024 election win, citing DOJ policy against prosecuting a sitting president.
2:41 AM
House committee urges DOJ to charge former Trump prosecutor Jack Smith
New information:
- On Wednesday, July 22, 2026, Rep. Jim Jordan sent a criminal referral asking DOJ to investigate former special counsel Jack Smith for allegedly lying to Congress about data obtained in his Trump-related investigation.
- Jordan's referral centers on a discrepancy between Smith's 2025 House deposition testimony—where he said his team obtained only telephone toll records with no call or text contents—and a later DOJ disclosure that a separate subpoena to the National Archives yielded text messages between Trump-era White House staff and dozens of members of Congress.
- Jordan accuses Smith of making 'materially false statements' and intentionally failing to disclose the National Archives subpoena, and asks Acting Attorney General Todd Blanche to open a criminal investigation.
- A DOJ spokesperson confirmed to CBS News that the department received Jordan's referral letter on July 22, 2026, and said DOJ 'will investigate all evidence of criminal conduct.'
- House Judiciary ranking member Jamie Raskin called the referral 'baseless and vindictive,' arguing Smith was questioned only about lawmakers' toll-record subpoenas, not the National Archives request, and asserting that Smith answered truthfully based on what was asked.