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House Judiciary Committee Chairman Jim Jordan (R-Ohio) requested on Wednesday, the 22nd, that the Department of Justice (DOJ) investigate former Special Counsel Jack Smith regarding allegations that he provided false testimony under oath.
Chairman Jordan stated that the Office of the Special Counsel under Smith had access to text messages involving members of Congress.
In a letter to Acting Attorney General Todd Blanche, Chairman Jordan stated that recently obtained DOJ records contradict statements made by former Special Counsel Smith during his testimony before the House Judiciary Committee on December 17, 2025.
Jordan wrote, "The Committee is providing this information to the Department of Justice to investigate a potential violation of 18 U.S.C. § 1001," which is the federal statute that prohibits knowingly and willfully falsifying or concealing a material fact, or making any materially false, fictitious, or fraudulent statement or representation, within the jurisdiction of the executive, legislative, or judicial branch of the U.S. government.
This referral does not constitute a criminal indictment; the Department of Justice will determine whether to pursue an investigation or take further action.
Rep. Jordan's allegations center on Smith's testimony regarding records obtained during the federal investigation into actions taken by President Donald Trump to challenge the 2020 election results.
The investigation, codenamed "Arctic Frost," subsequently became part of Smith’s special counsel probe.
During the testimony, Smith was asked whether his team had requested the content of text messages from members of Congress.
When asked if investigators had applied for search warrants for those messages, Smith replied, "No, I have no such recollection."
According to Rep. Jordan’s letter, when the committee’s counsel asked if investigators had "just toll records," Smith agreed.
Smith later testified that the subpoenas for phone records related to members of Congress did not include the content of phone calls or text messages.
Jordan argued that these responses created a misleading impression that Smith’s office had not obtained any communications from members of Congress.
According to the letter, records obtained by the committee from the DOJ on July 14 show that Smith’s investigators reviewed text messages exchanged between Trump White House officials and 44 members of Congress (40 Republicans and 4 Democrats). Jordan noted that these messages were obtained not directly from telecommunications carriers, but through the National Archives and Records Administration (NARA).
Jordan argued that this distinction does not justify Smith’s failure to disclose that his office had obtained those communications from other sources.
"Mr. Smith testified that he did not seek search warrants from telecommunications carriers to obtain the content of members' text messages, but he failed to disclose that his office had obtained the content of text messages related to White House officials' phone records from NARA," Rep. Jordan wrote.
Rep. Jordan also alleged that investigators on Smith’s team violated DOJ procedures by allowing personnel to review potentially privileged communications before they had been reviewed by a filter team.
Rep. Jordan argued that Smith's testimony went beyond a technical distinction between records obtained from telecommunications carriers and messages recovered from White House devices.
"Even a statement that contains some truthful information is plainly false if it is presented in a way that suggests the partial information is complete," Jordan wrote.
Jordan noted that prior to his deposition, Smith was instructed that he was required to provide complete answers and should not omit information necessary to ensure his testimony was not misleading.
Jordan wrote that, "in light of the new information, which demonstrates in detail that Mr. Smith's team actually had access to the content of members' text messages," Smith’s testimony "suggests that he knowingly and willfully made false statements to the Committee."
Jordan has requested that the DOJ determine whether Smith’s actions warrant prosecution under the federal false statement statute and has attached relevant documents to support this referral.
Smith was appointed as special counsel by then-Attorney General Merrick Garland in November 2022 to oversee the investigations into Trump.
He brought federal cases related to the 2020 election and classified documents kept at Mar-a-Lago, but the DOJ moved to dismiss the indictments after Trump's 2024 election victory, citing the policy against prosecuting a sitting president.
Jordan has been investigating Smith’s office for years and subpoenaed Smith as a witness in 2025 as part of the committee's oversight activities regarding the special counsel’s investigation.
Meanwhile, counsel for Smith has vehemently denied the allegations, calling them baseless and absurd.
Smith’s legal representative stated that his testimony was entirely truthful and criticized the referral as being based on an unprecedented, forced logic that a witness must voluntarily disclose information they were not asked about.
US NNP = Hong Sung-goo, Chief Correspondent / NNP Special Dispatch info@newsandpost.com
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