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, accusing Smith of lying under oath during a congressional hearing earlier this year. The move, announced on Wednesday, marks a significant escalation in the long-running political battle between Republican lawmakers and the prosecutor who oversaw two federal indictments against President Donald Trump.
Jordan, an Ohio Republican and close ally of Trump, sent a formal letter to Attorney General Pam Bondi on Wednesday requesting that the Justice Department investigate whether Smith committed perjury when he testified before the House Judiciary Committee in January. The referral alleges that Smith made false statements regarding his handling of evidence and his interactions with the Biden administration during his tenure as special counsel.
«The American people deserve to know the truth, and no one is above the law, including those who wield prosecutorial power,» Jordan said in a statement accompanying the referral. The chairman argued that Smith's testimony contained «materially false statements» that could constitute a federal crime.
The criminal referral, while largely symbolic, carries political weight because it puts the Justice Department on notice that a congressional committee has formally found grounds for prosecution. However, the department is not obligated to act on the referral, and legal experts note that such referrals rarely result in charges unless they are backed by substantial evidence.
Smith served as special counsel from November 2022 until January 2025, when he resigned after submitting his final report on the investigations into Trump's handling of classified documents and efforts to overturn the 2020 election. His work resulted in two federal indictments against Trump, both of which were dismissed after Trump's election victory in November 2024, following longstanding Justice Department policy that sitting presidents cannot be prosecuted.
The former special counsel testified before the House Judiciary Committee in a closed-door session on January 15, 2026, as part of the committee's oversight of the Justice Department. The transcript of that testimony was released in part last month, revealing heated exchanges between Smith and Republican committee members who accused him of political bias and misconduct.
Jordan's referral focuses on several specific statements Smith made during that testimony. According to the chairman's letter, Smith allegedly misrepresented the timeline of when he became aware of certain evidence and whether he coordinated with White House officials during the investigations. The referral also claims Smith downplayed the role of FBI agents who worked on the cases and failed to disclose contacts with Democratic Party officials.
Democrats on the Judiciary Committee quickly dismissed the referral as a political stunt. Representative Jamie Raskin of Maryland, the ranking Democrat on the committee, called it «a baseless attack on a prosecutor who did his duty under the law.» Raskin accused Jordan of using the committee's power to «harass and intimidate» career Justice Department officials.
«This is not about justice; it is about revenge,» Raskin said in a statement. «Chairman Jordan is abusing the oversight process to settle scores on behalf of a president who has repeatedly tried to undermine the rule of law.»
The referral is the latest chapter in a bitter feud between Jordan and Smith that began shortly after the special counsel was appointed in 2022. Jordan, a former law professor and wrestling coach, has been one of Trump's most vocal defenders in Congress and has repeatedly called for investigations into the Justice Department's handling of the Trump cases.
Legal analysts say the referral faces long odds. Criminal perjury cases require proof that a witness knowingly made a false statement about a material fact, and the burden of proof is high. «These referrals are often more about political messaging than actual prosecution,» said Jonathan Turley, a law professor at George Washington University. «The Justice Department will need to see clear evidence of intentional falsehood before it moves forward.»
The Justice Department declined to comment on the referral, citing its policy of not discussing pending matters. A spokesperson for Smith, who now works as a visiting professor at Harvard Law School, did not immediately respond to a request for comment.
The referral adds to the growing list of legal and political battles surrounding the Trump investigations. Since taking office in January 2025, President Trump has pardoned several individuals convicted in connection with the January 6, 2021, Capitol riot and has called for investigations into those he claims persecuted him. Attorney General Bondi, a Trump appointee, has faced pressure from both sides to either pursue or reject the referral.
Jordan's action also comes as the House Judiciary Committee continues its broader investigation into what Republicans call the «weaponization» of the Justice Department during the Biden administration. The committee has issued subpoenas for documents and testimony from former Justice Department officials, including Smith, and has held multiple hearings on the topic.
For now, the criminal referral remains a formal request. Whether the Justice Department takes it up will depend on the evidence Jordan's committee provides and the legal standards for perjury prosecution. But the political message is clear: Republicans in Congress are not done fighting the legal battles of the Trump era.
