House Judiciary Committee Refers Jack Smith for Criminal Investigation Over Trump Prosecution
A Republican-led House committee has referred former special counsel Jack Smith for criminal investigation over his prosecution of Donald Trump.
A Republican-controlled House committee, led by Rep. Jim Jordan of Ohio, has voted to refer former special counsel Jack Smith to the Justice Department for a criminal investigation. The referral targets Smith's conduct in his role prosecuting Donald Trump on federal charges, which were dropped after Trump won the 2024 presidential election. Smith resigned as special counsel in January 2025 after the Justice Department's longstanding policy barred prosecution of a sitting president. Smith's legal team responded sharply, calling the referral 'laughably weak and vindictive' and accusing the committee of attempting to weaponize the justice system. Attorneys for Smith characterized the move as 'dangerous,' arguing it represented political retaliation against a prosecutor for doing his job. Jordan's House Judiciary Committee has been one of the most active Republican bodies investigating the Justice Department's conduct during the Biden era, and the Smith referral is among the most aggressive steps it has taken. A criminal referral from Congress does not compel the Justice Department to open an investigation — the department retains full discretion over whether to act.
Why it matters
The referral escalates a Republican-led effort to hold accountable prosecutors who pursued Trump, setting a precedent that could chill future independent investigations of political figures. Whether the Justice Department acts on the referral will signal how far the Trump administration is willing to take its scrutiny of the prior administration's legal actions.
What's next
The Justice Department, now under Trump administration leadership, will decide whether to open a formal criminal investigation into Smith.
Key facts
- The referral was made by the Republican-controlled House Judiciary Committee, chaired by Rep. Jim Jordan of Ohio
- Jack Smith served as special counsel and led two federal criminal cases against Donald Trump before resigning in January 2025
- Both federal cases against Trump were dropped after his 2024 presidential election victory, consistent with DOJ policy barring prosecution of a sitting president
- Smith's legal team publicly called the referral 'laughably weak and vindictive' and 'dangerous'
- A congressional criminal referral does not obligate the Justice Department to open an investigation
Bias & framing notes
The Guardian's framing centered on the accusation that the committee was 'weaponizing' the justice system, leading with Smith's team's criticism. USA Today similarly emphasized Smith's team calling the referral 'dangerous.' Neither source gave significant space to Jordan's or the committee's stated reasoning for the referral, meaning the proponent rationale is thin in the available reporting.
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