The House Judiciary Committee is considering a criminal referral for former special counsel Jack Smith, as Republicans investigate whether he misled Congress about his office's collection of text messages from members of Congress. The probe follows the release of documents showing Smith's team obtained communications from 44 lawmakers—both Republicans and Democrats—as part of investigations into President Donald Trump's actions related to the January 6 Capitol breach and classified documents at Mar-a-Lago.
Key Developments
Sen. Richard Blumenthal (D-Conn.) broke party lines, acknowledging Republican concerns about potential breaches of norms. "We need more facts. Look into it," Blumenthal told Fox News Digital. Meanwhile, other Democrats, including Sens. Cory Booker (D-N.J.), Adam Schiff (D-Calif.), and Patty Murray (D-Wash.), declined to comment.
Rep. Jim Jordan (R-Ohio), chair of the House Judiciary Committee, accused Smith of violating constitutional separation of powers by accessing congressional communications without proper safeguards. Jordan cited Smith's testimony, in which he claimed investigators only sought toll records—not text contents—contradicting newly disclosed evidence.
Context and Reactions
The GOP-led Senate Judiciary Committee released documents revealing the DOJ collected texts from lawmakers and White House staff. Republicans argue the seizure raises concerns about executive overreach and improper surveillance of legislative branch communications. Democrats, however, have largely avoided weighing in, with some dismissing the issue entirely.
Legal and Political Implications
Jordan suggested Smith may have lied under oath, a potential criminal offense. The House is reviewing whether to refer Smith to the Justice Department for prosecution. Meanwhile, acting Attorney General Todd Blanche faced questions about the DOJ's handling of the matter during his confirmation hearing.
The controversy has intensified scrutiny of the DOJ's investigative practices, with Republicans framing it as a broader issue of government overreach. Democrats, however, have largely remained silent, leaving Blumenthal as a rare voice of bipartisan concern.