House Judiciary Committee Chairman Jim Jordan has sent a criminal referral to the Justice Department accusing former special counsel Jack Smith of making false statements during congressional testimony.

The Ohio Republican’s referral concerns Smith’s closed-door deposition before the committee on December 17, 2025. In a letter to Acting Attorney General Todd Blanche, Jordan alleged that newly obtained Justice Department documents contradicted parts of Smith’s testimony.
Jordan alleges statements were knowingly false
Jordan said the committee had found what he described as strong evidence that Smith knowingly made materially false statements. A congressional criminal referral asks the Justice Department to investigate, but it does not require prosecutors to open a case or bring charges.
Smith led two federal investigations involving Donald Trump: one focused on classified documents and another examining efforts to overturn the 2020 election result. Both cases were later wound down after Trump won the 2024 presidential election, in keeping with Justice Department policy against prosecuting a sitting president.
Democrats reject the referral
Lawyers for Smith had not immediately commented when ABC News published its report. Rep. Jamie Raskin, the ranking Democrat on the Judiciary Committee, rejected the referral as “baseless” and “vindictive.”
The Justice Department will decide whether the allegations warrant further review. The referral adds to continuing partisan conflict over Smith’s investigations and the conduct of federal law enforcement during the Biden administration.
Source: ABC News. Reporting published July 23, 2026.