The House Judiciary Committee has referred former Special Counsel Jack Smith to the Department of Justice for criminal prosecution, citing strong evidence he knowingly made false statements during his December 17, 2025, sworn deposition.
In a letter dated July 22, 2026, to Acting Attorney General Todd Blanche, the committee states Smith’s testimony directly contradicts new DOJ documents obtained by lawmakers.
During the Biden-Harris DOJ’s “Arctic Frost” probe into the 2020 election, investigators unconstitutionally subpoenaed phone records of over a dozen Republican Members of Congress and used gag orders to hide the fact the administration had obtained them.
The letter details how Smith’s team proposed and he approved the vast majority of additional toll record subpoenas. It notes internal DOJ experts warned the actions might be unconstitutional, yet prosecutors moved forward anyway.
In his deposition, Smith testified he did not receive the content of Members’ text messages. The Committee says this appears false based on the records they now possess.
The referral highlights potential violations of 18 U.S.C. § 1001 and the Speech or Debate Clause protecting congressional communications.
Read the House Judiciary Press Release
