Former Biden special counsel Jack Smith could face potential criminal prosecution after Republicans accused him of misleading Congress about the scope of his investigation into President Donald Trump.
House Judiciary Committee Chairman Jim Jordan issued a criminal referral for Smith, arguing newly released records contradict Smith's testimony that he did not obtain or review lawmakers' text messages during his multiple probes into President Donald Trump.
Jordan argued that Smith's testimony included intentionally false statements designed to obstruct the Committee's oversight, and that his conduct can only be understood as an effort to thwart the Committee's inquiry by intentionally making false statements and representations before Congress.
The referral comes after Smith faced mounting scrutiny from Republicans over allegedly weaponizing the Justice Department and violating constitutional privacy protections during his investigations into alleged interference during the 2020 election and Trump's handling of classified documents.
Smith has denied any wrongdoing, but Senate Judiciary Committee Chairman Chuck Grassley released documents last week showing Smith's team read the text messages of 44 members of Congress from both parties and White House staff during its investigation.
Targeted lawmakers included Jordan and Grassley, in addition to the late Sen. Lindsey Graham, Sen. Susan Collins, House Majority Leader Steve Scalise, and Sen. Cory Booker.
Trump officials affected included former Vice President Mike Pence, White House deputy chief of staff Stephen Miller, FBI Director Kash Patel, and Ivanka Trump, among others in the president's orbit during his first term.
The documents also found that Smith's team appeared to violate investigative protocols by accessing text messages that had not been reviewed by a "filter team," a safeguard designed to prevent investigators from accessing privileged information.
When Smith was asked by congressional investigators if he examined the contents of lawmakers' text messages during his probe, he said, "no." He testified that his team only sought telephone toll records, which do not include the content of calls.
