House Judiciary Committee Chairman Jim Jordan on Wednesday formally referred former Special Counsel Jack Smith to the Department of Justice, requesting the agency investigate whether Smith made false statements during congressional testimony. The criminal referral represents the latest development in an ongoing dispute between House Republicans and the former prosecutor who led two federal cases against Donald Trump.

Jordan's referral asks DOJ officials to examine specific claims Smith allegedly made before Congress that Republicans contend were inaccurate or misleading. The committee has been investigating Smith's tenure as special counsel, including his handling of the federal prosecutions of Trump related to the 2020 election and the handling of classified documents.

Smith, who resigned as special counsel after Trump won the 2024 presidential election, has not publicly responded to the referral. Both cases Smith pursued against Trump were ultimately dropped following Trump's return to the presidency. Congressional referrals to the DOJ do not guarantee prosecution, and the decision on whether to open an investigation or bring charges rests entirely with federal prosecutors.

The referral follows months of congressional scrutiny in which the Judiciary Committee subpoenaed Smith and members of his team for testimony and documents. Republicans have argued that discrepancies exist between Smith's public statements and evidence gathered during the committee's investigation. Critics of the referral contend it represents political retribution against a prosecutor who pursued a sitting former president.