On Wednesday, July 23rd, 2026, Rep. Jim Jordan, the top Republican and chair of the House Judiciary Committee, formally requested the Justice Department to open a criminal investigation into former special counsel Jack Smith. Jordan alleges that Smith made willfully false statements during a congressional deposition last year, citing new documents obtained by the Senate Judiciary Committee that contradict Smith's testimony.

In a letter to acting Attorney General Todd Blanche, Jordan stated his committee found "strong evidence" against Smith and urged the DOJ to pursue criminal charges. A Justice Department spokesperson confirmed receipt of the referral and said it "will investigate all evidence of criminal conduct."

Smith’s attorneys denied the allegations, asserting that he "provided truthful, responsive answers and candidly discussed his work as Special Counsel." Lawyers Peter Koski and Lanny Breuer emphasized that Smith did not make false statements but acknowledged he did not proactively disclose some non-responsive information. They criticized the referral as an attempt to "weaponize the justice system by attacking a career, nonpartisan public servant."

Democratic committee member Jamie Raskin accused Jordan’s referral of distorting facts and misrepresenting the nature of the questions asked during Smith’s deposition.

The controversy follows Senate Republicans’ recent disclosure that Smith and his team reviewed text messages from 44 members of Congress during investigations related to former President Trump. Senate Judiciary Committee Chairman Chuck Grassley criticized Smith’s team for allegedly disregarding constitutional boundaries and announced plans to hold Smith accountable in upcoming hearings.

Sources