Republicans have accused former Biden special counsel Jack Smith of misleading Congress. This accusation may lead to his criminal prosecution. The point of contention lies in Smith’s alleged misrepresentation of his investigative actions regarding President Donald Trump.
Jim Jordan, the Chairman of the House Judiciary Committee, sent a criminal referral against Smith. Jordan argues that new records contradict Smith’s claims to the committee. Specifically, Smith had stated he did not access lawmakers’ text messages during his investigations into Trump.
In a letter to acting Attorney General Todd Blanche, Jordan expressed concern over Smith’s testimony. He accused Smith of making false statements to obstruct the committee’s oversight. Jordan called for the Justice Department to assess whether Smith’s actions deserve criminal charges.
Smith testified before the House Judiciary Committee on January 22, 2026. During this testimony, he faced scrutiny for allegedly misusing the Justice Department’s power. Smith investigated claims of interference during the 2020 election and Trump’s handling of classified materials. Despite accusations, Smith maintains his innocence.
Recently, Senate Judiciary Committee Chairman Chuck Grassley released pertinent documents. These documents revealed Smith’s team accessed text messages of 44 lawmakers and White House staff, including Republicans and Democrats alike. Targeted individuals included Jim Jordan, Chuck Grassley, and senators such as Susan Collins and Cory Booker.
Prominent figures within Trump’s administration were also affected. This list includes former Vice President Mike Pence and FBI Director Kash Patel. Smith’s actions have sparked concerns about invading constitutional privacy protections.
The documents suggest Smith’s team violated protocols by accessing unfiltered text messages. A filter team, meant to safeguard privileged information, was bypassed. Smith had previously assured Congress that his team sought only telephone toll records for routing information, not the content of calls.
Despite these revelations, the Justice Department has yet to comment on the situation.

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