• House Republicans have recommended a criminal investigation into former special counsel Jack Smith.
• Allegations state that Smith made false statements about obtaining lawmakers' phone records.
• Lawmakers argue response to subpoenas was misleading and intend to pursue potential prosecution.

House Republicans, led by Judiciary Chairman Jim Jordan, have forwarded a criminal referral to the Department of Justice, calling for an investigation into former special counsel Jack Smith. They allege that Smith provided "willfully and intentionally false statements" during his testimony to Congress about his investigation into President Donald Trump's actions related to the 2020 election, particularly concerning phone records of lawmakers, according to CBS News and NPR.

Smith's testimony under scrutiny occurred in December 2025, where he was asked whether subpoenas for toll records included content of phone calls or text messages. Smith responded negatively, but recently disclosed records by Republican Senator Chuck Grassley indicated that Smith had obtained texts from the National Archives, raising concerns about the truthfulness of his previous statements, according to Los Angeles Times.

In response, lawyers for Smith labeled the allegations as unfounded, asserting he answered truthfully to the specific questions posed to him about toll records, which do not include message content. They emphasized that the referral seems to be an attempt to "weaponize" the justice system against a nonpartisan public servant, according to CBS News and NPR.

Rep. Jamie Raskin, the top Democrat on the Judiciary Committee, condemned the referral as "baseless," asserting that it distorts facts. He stated that the questions asked to Smith did not encompass the scope of the newly revealed text messages, thus leading to a misunderstanding of Smith's testimony, according to Los Angeles Times.

The DOJ confirmed the receipt of the criminal referral and indicated they will thoroughly investigate any evidence of criminal conduct linked to the allegations against Smith. This situation has raised further scrutiny over the politicization of legal proceedings within the Justice Department, as previous actions against Trump allies, like former FBI Director Jim Comey, have similarly faced challenges, reported NPR and CBS News.