Top Trump Nemesis To Be Prosecuted

House Republicans are asking the Justice Department to investigate and potentially prosecute former special counsel Jack Smith, accusing him of making false statements to Congress about how his office obtained communications involving lawmakers during its investigation into President Trump’s efforts to challenge the 2020 election results.

The request came in a letter from House Judiciary Committee Chairman Jim Jordan (R-Ohio) to acting Attorney General Todd Blanche. President Trump, who has repeatedly criticized Smith and called for legal action against him, reacted to the referral on social media by writing, “Justice at last???”

The dispute centers on Smith’s testimony during a December deposition before the House Judiciary Committee. Smith said he had not sought search warrants for lawmakers’ text messages and instead had only requested telephone “toll records” showing the timing of calls between certain members of Congress and White House officials.

Jordan argues that while Smith’s statement may have been technically accurate, it omitted key information. According to documents recently obtained by Republicans, Smith’s office received text messages involving lawmakers through records obtained from the National Archives and Records Administration as part of its collection of presidential records. Jordan contends that failing to disclose that information amounted to a false statement under federal law because it left Congress with an incomplete understanding of how the records were obtained.

Smith’s attorneys rejected that argument, maintaining that his testimony was entirely truthful and directly answered the questions he was asked. They argued the referral is based not on any false statement but on the claim that Smith should have volunteered information that was not specifically requested. The attorneys also accused Republicans of attempting to weaponize the justice system against a career prosecutor who carried out his duties by following the evidence.

The controversy stems from Smith’s investigation into Trump’s efforts to remain in office after the 2020 election. During that investigation, prosecutors examined communications between White House officials and members of Congress as they sought to determine whether lawmakers had been involved in efforts to delay or block certification of the Electoral College results.

Smith has previously defended those investigative steps, saying prosecutors were following evidence related to contacts initiated by Trump and his associates with members of Congress. He argued investigators examined those communications because they were relevant to the broader criminal investigation.

The investigation ultimately led to charges accusing Trump of attempting to overturn the 2020 election and obstruct the certification of the results. Those cases were later dismissed after Trump returned to the White House following the 2024 election.

Rep. Jamie Raskin (D-Md.), the top Democrat on the House Judiciary Committee, criticized the criminal referral, arguing that lawmakers’ communications with the White House became presidential records subject to preservation under federal law. Raskin said any prosecution of Smith would fail in court and accused Republicans of using the referral to target the former special counsel rather than pursue a legitimate legal case.