House Judiciary Committee Refers Jack Smith to DOJ Over Alleged Congressional Perjury

House Judiciary Chairman Jim Jordan referred former special counsel Jack Smith to the DOJ, alleging he lied to Congress.

House Judiciary Committee Chairman Jim Jordan has sent a criminal referral to the Department of Justice against Jack Smith, the former special counsel who prosecuted President Donald Trump, alleging Smith committed perjury during congressional testimony late last year. The referral urges the DOJ to open a criminal investigation and potentially charge Smith based on what Jordan characterizes as false statements made under oath before Congress. Smith served as special counsel overseeing two federal indictments of Trump — one related to efforts to overturn the 2020 election and another involving classified documents — before both cases were dropped following Trump's 2024 election victory. Criminal referrals from Congress are not binding on the DOJ and do not automatically trigger charges or a formal investigation.

Why it matters

The referral signals an escalating Republican effort to scrutinize — and potentially prosecute — the prosecutors who brought federal cases against Trump, raising questions about the use of congressional power to target political adversaries. Whether the DOJ acts on the referral will test the new administration's approach to the cases and officials tied to them.

What's next

It is now up to the Department of Justice to decide whether to open a formal investigation or take any action based on the committee's referral.

Key facts

• The referral was issued by House Judiciary Committee Chairman Jim Jordan
• Smith is accused of lying to Congress during testimony given late last year
• Smith led two federal prosecutions of Trump before both cases were dismissed
• Congressional criminal referrals are non-binding and do not compel DOJ action
• Critics of the referral, as reported by The Guardian, called it 'laughably weak and vindictive'

Bias & framing notes

ABC News and CBS News reported the referral in relatively straightforward terms, focusing on Jordan's allegations and the DOJ's role. The Guardian's framing leaned more heavily on critics characterizing the referral as an abuse of power and a political attack, quoting language like 'weaponize' the justice system — language absent from the other two sources. No source provided specific details about what Smith allegedly said that constituted perjury, limiting the ability to assess the substance of the claim.

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