The wheel turns.
Former ‘special counsel’ Jack Smith did the bidding of Joe Biden and Merrick Garland when he weaponized the Justice Department against a former president, obtained secret subpoenas for Republican lawmakers’ phone records, and ran one of the most aggressive political prosecutions in American history.
Now the House Judiciary Committee has referred him to the same DOJ for criminal prosecution — and the allegation is lying under oath to Congress.
Jim Jordan’s six-page referral to Acting Attorney General Todd Blanche is specific, documented, and damning. During a December 2025 deposition, Smith was asked directly whether his office had sought a search warrant for the contents of any lawmakers’ text messages. “No, I don’t recall that,” he said. Asked whether the toll records obtained from congressional members included text message content, he answered: “No.”
Both answers created a carefully constructed false impression. New documents show that Smith’s office received the actual contents of lawmakers’ text messages through an entirely different channel — the National Archives. Senior Assistant Special Counsel Thomas Windom received 54 spreadsheets of text messages from Trump White House phones in August 2023, reviewed them, and forwarded them to other prosecutors on the team. Those messages included communications from 44 members of Congress, some potentially protected under the Speech or Debate Clause — and they bypassed DOJ’s filter team entirely, the specific safeguard that exists to keep privileged material away from investigators.
Smith didn’t mention any of this under oath. He answered the narrow question about search warrants accurately while allowing Congress to walk away with a fundamentally false picture of what his team actually had access to.
Jordan’s referral makes the stakes explicit. Smith was warned before his deposition that half-truths and deliberately incomplete answers could constitute false statements if he withheld information needed to make his testimony accurate. He was a seasoned federal prosecutor who understood exactly what Congress was investigating. He chose strategic omission over candor — and the documents that emerged afterward contradict the impression his testimony was designed to create.
“We now know this to be false,” Jordan wrote of the impression Smith’s answers created.
Smith’s attorneys called his testimony “unimpeachably truthful.” Democratic Ranking Member Jamie Raskin, one of the most partisan left-wing hacks on Capitol Hill, argued investigators simply asked the wrong questions. Both defenses are the kind that require you to believe a former special counsel — a man who built his entire career on the precise use of language in legal proceedings — didn’t understand what Congress was asking him.
Nobody who watched Jack Smith operate believes that for a single second.
The DOJ has confirmed it received the referral and will investigate all evidence of criminal conduct. A referral doesn’t guarantee charges. But it guarantees an investigation — an investigation into the man who pursued Donald Trump with the full force of the federal government, obtained secret surveillance of Republican lawmakers, and then testified to Congress in a way that carefully obscured what he actually had.
He spent years telling the country that no one is above the law. Now the law is asking him some questions.
The wheel turns.