Republicans urge Justice Department to investigate former prosecutor Jack Smith

NPR ·

House Republicans, led by Judiciary Committee Chairman Jim Jordan, have formally asked the Justice Department to investigate former special counsel Jack Smith, alleging he made false statements under oath during December testimony about his efforts to obtain phone records belonging to lawmakers. Smith previously led two criminal investigations into Donald Trump, over alleged election interference and the handling of classified documents at Mar-a-Lago, both of which ended without trial following Trump's 2024 election win. The referral is significant as part of a wider push by the Trump administration to pursue officials who investigated the president.

Smith's legal team has rejected the allegations, saying he gave "truthful, responsive answers" and noting Republicans never directly asked him about the phone records issue, undermining claims that he deliberately lied. The move follows similar actions taken against former FBI Director James Comey and New York Attorney General Letitia James. Democratic Representative Jamie Raskin criticised the referral as a distortion of the facts, predicting it would ultimately be rejected by the courts.

In short

  • House Republicans want DOJ to probe ex-prosecutor Jack Smith over alleged perjury.
  • Allegations concern testimony on obtaining lawmakers' phone records.
  • Part of wider Trump-era push against former investigators like Comey, James.

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The case for

Republicans argue that if a prosecutor made false statements under oath regarding sensitive matters such as obtaining lawmakers' phone records, this warrants investigation as a matter of principle, irrespective of his previous role. They contend that accountability for official misconduct is fundamental to maintaining the justice system's integrity, and that allowing potential perjury to pass unexamined would set a dangerous precedent. The allegation deserves serious examination by the Justice Department on its merits.

The case against

Smith's defenders note that he provided truthful and responsive testimony, and Republicans' failure to pose direct questions about phone records during questioning substantially undermines claims of deliberate perjury. They argue this referral forms part of a coordinated effort to prosecute Trump's investigators rather than pursue genuine justice, particularly when viewed alongside similar actions against Comey and others. This pattern suggests politically motivated retribution rather than principled concern for prosecutorial accountability.

Explained simply

Jack Smith was a lawyer appointed to lead two criminal investigations into Donald Trump. The first examined whether Trump attempted to overturn the results of the 2024 election, and the second investigated whether he improperly retained classified government documents at his Florida residence, Mar-a-Lago. Both investigations ended without trial after Trump won the election.

House Republicans have now asked the Justice Department to investigate Smith, alleging he gave false testimony under oath in December regarding his efforts to obtain phone records from certain lawmakers. This action forms part of a broader campaign by the Trump administration to pursue officials involved in investigating the president, with similar steps already taken against the former FBI Director James Comey and others.

Smith's legal team disputes the allegations, asserting that he gave truthful and responsive answers, and noting that Republicans did not directly question him about the phone records matter during his testimony. The dispute reflects ongoing disagreement between Republicans and Democrats over how the Trump investigations were conducted and whether they were fair.

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