The US House of Representatives judiciary committee, led by Republican Jim Jordan, has referred former special prosecutor Jack Smith for criminal prosecution, alleging he lied to Congress about obtaining phone records of Republican lawmakers during his investigation into Donald Trump's attempts to overturn the 2020 election. Democrats have condemned the move as a 'baseless' and 'vindictive' attack on a career public servant.
In a letter to acting Attorney General Todd Blanche, Jordan claimed Smith 'made willfully and intentionally false statements' when he testified in December that his team had only 'toll records', not content, when in fact justice department documents showed they had access to text messages of 44 members of Congress. Jordan asserted there was 'cause for investigation' into whether Smith knowingly made false statements to obstruct oversight.
Smith's lawyers, Lanny Breuer and Peter Koski, defended their client, stating he 'provided truthful, responsive answers' during questioning. They accused the committee of a 'chilling eagerness to weaponize the justice system' and noted the risk that Trump's justice department would seek to charge Smith, as Trump had repeatedly demanded his prosecution.
Democratic Representative Jamie Raskin, the panel's ranking member, called the referral 'laughably weak and vindictive', arguing that Smith's testimony was 'clear and consistent'. He said Republicans faulted Smith for not volunteering information they did not ask for, adding that 'wishing you had asked different questions is not a proper basis for a criminal referral'. Raskin predicted the referral would be 'laughed out of court'.
The referral comes as the Senate judiciary committee prepares to vote on Blanche's nomination to become permanent attorney general, who will decide whether to charge Smith. Previous attempts to punish Trump's political enemies have failed, including charges against James Comey and Letitia James being thrown out by a federal judge in November. A justice department spokesperson said it had received the referral and would investigate.
