Jack Smith Maintains Innocence Amid Criminal Referral Allegations

Former Special Counsel Jack Smith is asserting his innocence after House Judiciary Committee Chairman Jim Jordan, R-Ohio, referred him to the Department of Justice (DOJ) for potential criminal charges. Jordan accused Smith of providing false testimony under oath during a deposition before the House GOP-led panel in December 2025.

Smith’s attorneys dismissed the referral as “meritless” in a letter addressed to Jordan and Acting Attorney General Todd Blanche. This correspondence, obtained by Fox News Digital, was sent on Wednesday night.

“Mr. Smith agreed to testify before the House Judiciary Committee fully aware of the risk that President Trump’s Justice Department might misuse his testimony to fabricate a criminal charge,” the attorneys stated. “This threat did not arise from Mr. Smith making false statements but from President Trump frequently demanding that Mr. Smith face prosecution and incarceration. This does not reflect the rule of law and undermines the foundational principles of our democracy.”

Smith was previously tasked with investigating whether Donald Trump and his allies tried to overturn the 2020 election results and determine if Trump mishandled classified documents. Trump has consistently denied any wrongdoing in these investigations, which concluded after the 2024 election cycle.

Jordan’s letter to Blanche, first reported by Fox News Digital, alleged that “Mr. Smith’s responses suggested he and his team did not review privileged members’ text messages.” However, as the letter states, “evidence shows this to be untrue.”

The referral followed rising Republican scrutiny over Smith’s alleged misuse of DOJ power and breaches of constitutional privacy safeguards. Documents released last week by Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, indicated that Smith’s team accessed text messages of 44 congressional members and White House staff during the investigation. Targeted figures included Jordan, Grassley, the late Sen. Lindsey Graham, R-S.C., Sen. Susan Collins, R-Maine, House Majority Leader Steve Scalise, R-La., and Sen. Cory Booker, D-N.J.

When questioned by congressional investigators if he had accessed lawmakers’ text content, Smith denied doing so, stating his team only sought telephone toll records. Smith’s lawyers argued he was not questioned about text messages during the pivotal deposition segment cited by Republicans.

“Mr. Smith provided straightforward, honest answers during his testimony and openly discussed his role as Special Counsel,” the attorneys noted. “This referral underscores a disconcerting readiness to exploit the justice system, attacking a seasoned, impartial public servant who remained committed to the law and facts.”

The attorneys highlighted that the focus of questions and answers during the deposition was on toll record subpoenas, not the content of text messages. They claimed the toll record subpoenas didn’t encompass text content and pointed out that the referral letter does not dispute Smith’s answers’ truthfulness.

The defense also contended Smith’s team acted within legal rights, maintaining lawmakers’ constitutional safeguards in the speech and debate clause when acquiring text messages. According to the attorneys, “This essential constitutional provision, which was diligently upheld by Mr. Smith’s team, protects Congress members from having their legislative activities used against them. It does not, however, bar prosecutors from reviewing texts between Congress and Executive Branch members during an investigation and prosecution, as was the case here.”

They explained the text review didn’t represent an Executive Branch intrusion into the legislative domain because the texts were willingly exchanged by Legislative Branch members with Executive Branch officials.

Donald Trump has persistently criticized Smith, describing him as a “Trump-hater” and “thug.” Trump’s supporters have denounced Smith as a partisan figure who unjustly targeted him.

The DOJ confirmed receipt of Jordan’s criminal referral and intends to investigate all indications of criminal conduct.

Elizabeth Elkind is a politics reporter for Fox News Digital, focusing on coverage of the House of Representatives, with past contributions to the Daily Mail and CBS News. Follow on Twitter at @liz_elkind and contact at [email protected].