House Republicans are urging the Justice Department to launch a criminal investigation into former special counsel Jack Smith, who oversaw two criminal probes of President Donald Trump, on January 22, 2026, in Washington, D.C. For context, Smith's investigations led to grand juries indicting Trump for alleged interference in the 2020 election and for allegedly refusing to turn over classified materials.
Background on the Investigation
Smith, a former head of the Justice Department's public integrity unit, has been a frequent target of Trump's ire on social media. The Justice Department already has attempted to initiate criminal cases against former FBI Director Jim Comey and New York Attorney General Letitia James. House Judiciary Chairman Jim Jordan, a Republican from Ohio, wrote to the DOJ to argue Smith "seemingly made willfully and intentionally false statements" when he answered questions under oath last December.
The criminal referral of Smith marks yet another step in a campaign by the Trump administration and its allies in Congress to pursue people who once investigated Trump. The dispute concerns subpoenas Smith's prosecution team issued for phone records of lawmakers in contact with top White House officials and allies some six years ago.
Response from Smith's Lawyers
Lawyers for Jack Smith released their own letter to Jordan and the DOJ asserting he provided "truthful, responsive answers" to Congress last year. "This referral reflects a chilling eagerness to weaponize the justice system by attacking a career, nonpartisan public servant who faithfully and fearlessly performed his duties by following the facts and the law," wrote lawyers Lanny Breuer and Peter Koski.
Rep. Jamie Raskin, a Maryland lawmaker who serves as the top Democrat on the Judiciary Committee, said in a statement that the referral of Smith would be "laughed out of court" if it ever reaches a federal judge. The testimony at the heart of the dispute concerns subpoenas Smith's prosecution team issued for phone records of lawmakers, which Republicans in Congress never asked Smith directly about, according to his lawyers.
What Happens Next
The Justice Department will now consider the criminal referral of Jack Smith, with the potential for a criminal investigation to be launched. Readers should watch for further developments in this case, including any potential response from the Justice Department and the outcome of the referral. Trump posted "Justice at last???" on social media amid news of the criminal referral, indicating the high-profile nature of the case.
