Republicans Accuse Former Biden Special Counsel Jack Smith of Misleading Congress

Former Biden special counsel Jack Smith might face criminal charges following claims by Republicans that he misled Congress about his investigation’s scope into President Donald Trump. A criminal referral for Smith was issued by House Judiciary Committee Chairman Jim Jordan, R-Ohio. Jordan asserted that newly revealed records contradict Smith’s statements that he did not acquire or evaluate lawmakers’ text messages during his probes.

“All individuals must comply with a duly authorized congressional inquiry. This includes Mr. Smith,” Jordan stated in his letter to acting Attorney General Todd Blanche. He added that Smith’s testimony included false statements meant to hinder the Committee’s oversight. Jordan urged the Justice Department to determine if Smith’s actions deserve criminal charges.

“His conduct can only be understood as an effort to thwart the Committee’s inquiry by intentionally making false statements and representations before Congress,” Jordan declared.

Photos show former U.S. special counsel Jack Smith testifying about his investigations into Trump before the House Judiciary Committee at the Rayburn House Office Building, Washington, D.C., on Jan. 22, 2026. Veteran Democrats have expressed concerns amid the unfolding scandal involving Smith’s alleged spying at Capitol Hill.

Jordan’s letter claims Smith made false statements during a December deposition to the House Judiciary Committee. Specifically, Jordan highlighted that Smith’s responses suggested neither he nor his team accessed members’ privileged text messages. The letter asserted, “We now know this to be false.”

The referral intensified scrutiny faced by Smith from Republicans, who accused him of weaponizing the Justice Department and infringing on privacy rights during probes into alleged 2020 election interference and Trump’s handling of classified documents. Smith has denied wrongdoing.

Recent documents released by Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, indicated Smith’s team reviewed text messages from 44 congress members and White House staff during the investigation. This included West Coast lawmakers like Jordan and Grassley, as well as the late Sen. Lindsey Graham, R-S.C., and others.

Trump officials allegedly affected were former Vice President Mike Pence and White House deputy chief of staff Stephen Miller, among others during Trump’s first term. The claims came amid questions about the conduct of Justice Department investigators.

Grassley’s office found Smith’s team might have violated protocols by reviewing texts without a “filter team,” necessary to prevent access to privileged information. When questioned by Congress, Smith denied examining lawmakers’ text message contents, stating his team only sought telephone toll records for historical routing data.

“Toll records were sought for historical telephone routing information, collected after calls had taken place, identifying the incoming and outgoing call numbers, the time of the calls and their duration,” Smith explained.

The Justice Department has not responded to requests for comment on the matter.