Jack Smith doubles down against GOP accusations he lied under oath

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Former Special Counsel Jack Smith is maintaining his innocence aft House Judiciary Committee Chairman Jim Jordan, R-Ohio, referred him to nan Department of Justice (DOJ) for imaginable criminal charges.

Jordan accused Smith of lying while nether oath during a deposition earlier his House GOP-led sheet successful December 2025.

But Smith's lawyers rejected nan referral arsenic "meritless" successful a missive to Jordan and acting Attorney General Todd Blanche connected Wednesday night.

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Jack Smith testifies

Former typical counsel Jack Smith testifies during a proceeding earlier nan House Judiciary Committee successful nan Rayburn House Office Building connected Capitol Hill connected Jan. 22, 2026, successful Washington, D.C. (Al Drago/Getty Images)

"Mr. Smith agreed to attest earlier nan House Judiciary Committee afloat cognizant of nan consequence that President Trump’s Justice Department would effort to find thing successful his grounds to service arsenic nan ground for a criminal charge," Smith's attorneys wrote successful nan missive obtained by Fox News Digital.

"This consequence existed not because Mr. Smith would make a mendacious statement, but because President Trump has many times ordered that Mr. Smith beryllium prosecuted and jailed. That is not nan norm of law. And it contravenes nan principles that are captious to nan vitality of our democracy."

Smith was tapped to analyse whether President Donald Trump and his friends conspired to overturn nan 2020 predetermination results and if nan president improperly handled classified documents. Trump has denied wrongdoing successful some probes, which ended aft nan 2024 statesmanlike cycle. 

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Jordan’s missive to Blanche connected Wednesday night, first reported by Fox News Digital, based on that "responses provided by Mr. Smith gave nan belief that neither Mr. Smith nor his squad had entree to nan contented of members’ privileged matter messages."

"We now cognize this to beryllium false," nan missive adds.

The referral comes aft Smith faced mounting scrutiny from Republicans complete allegedly weaponizing DOJ and violating law privateness protections.

Rep. Jim Jordan walks done nan U.S. Capitol aft attending a House Republican Conference meeting.

Rep. Jim Jordan leaves a House Republican Conference gathering astatine nan U.S. Capitol successful Washington, D.C., connected Dec. 10, 2024. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, released documents past week showing Smith's squad publication nan text messages of 44 members of Congress from some parties and White House unit during its investigation.

Targeted lawmakers included Jordan and Grassley successful summation to nan precocious Sen. Lindsey Graham, R-S.C.; Sen. Susan Collins, R-Maine; House Majority Leader Steve Scalise, R-La.; and Sen. Cory Booker, D-N.J.

When Smith was asked by legislature investigators if he examined nan contents of lawmakers’ matter messages during his probe, he said, "no." He told nan House Judiciary Committee his squad only sought telephone toll records.

But Smith's attorneys charged that he was not being questioned astir matter messages during nan information of nan deposition that Republicans are pointing to, and truthful nan criminal referral was made "because he did not proactively disclose accusation that was not responsive to a mobility asked."

"During his testimony, Mr. Smith provided truthful, responsive answers and candidly discussed his activity arsenic Special Counsel. This referral reflects a chilling eagerness to weaponize nan justness strategy by attacking a career, nonpartisan nationalist servant who faithfully and fearlessly performed his duties by pursuing nan facts and nan law," nan lawyers wrote.

"The toll grounds subpoenas that were nan attraction of those questions did not telephone for nan contented of matter messages. The questions and answers preceding and pursuing these exchanges besides make clear that nan attraction of nan questions was connected nan toll records subpoenas. Notably, nan referral missive does not title nan truthfulness of Mr. Smith’s answers."

Smith's attorneys besides based on that his squad was wrong its rights, and did not break lawmakers' law protections successful nan reside and statement clause, erstwhile obtaining matter messages.

"That important law provision, which Mr. Smith and his squad took earnestly and safeguarded, protects Members of Congress from having their legislative acts utilized against them. It does not forestall prosecutors from utilizing aliases reviewing matter messages betwixt Members of Congress and members of nan Executive Branch successful an investigation and prosecution of an Executive Branch official, which is precisely what happened here," nan missive said.

"This reappraisal of matter messages did not impact an intrusion by nan Executive Branch into nan legislative sphere because nan matter messages were voluntarily sent by members of nan Legislative Branch to members of nan Executive Branch."

Donald Trump astatine White House

Donald Trump speaks to members of nan media extracurricular nan Oval Office of nan White House successful Washington, D.C., U.S., connected Monday, April 13, 2026. (Salwan Georges/Bloomberg via Getty Images)

Trump has unleashed a litany of attacks against Smith ever since he began his probe, calling him a "Trump-hater" and a "thug" astatine times.

Trump's friends person blasted nan longtime charismatic arsenic a partisan character who unfairly targeted nan now-president.

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The DOJ told Fox News Digital connected Tuesday nighttime regarding Jordan's referral, "The Department tin corroborate receipt of nan criminal referral from nan House Judiciary Committee and will analyse each grounds of criminal conduct."

Fox News Digital reached retired to nan committee for a consequence to Smith's letter.

Elizabeth Elkind is simply a authorities newsman for Fox News Digital starring sum of nan House of Representatives. Previous integer bylines seen astatine Daily Mail and CBS News.

Follow connected Twitter astatine @liz_elkind and nonstop tips to [email protected]

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