House Judiciary Chair Jim Jordan Sends Criminal Referral to DOJ Against Former Special Counsel Jack Smith

On Wednesday, House Judiciary Chair Jim Jordan sent a criminal referral to the Department of Justice accusing former Special Counsel Jack Smith of perjuring himself in testimony before the committee. The referral alleges that Mr. Smith made willfully and intentionally false statements of material fact during his testimony.

The legal significance of this development lies in its potential impact on the ongoing investigations into former President Donald Trump's handling of classified documents. If the Department of Justice were to investigate Mr. Smith for perjury, it could have far-reaching implications for the Trump investigation and potentially even lead to charges against Mr. Smith himself.

The referral is based on 18 U.S.C. § 1001, which prohibits knowingly making false statements to a federal agency. The statute has been used in various high-profile cases, including those involving former National Security Adviser Michael Flynn and former Trump campaign chairman Paul Manafort. The Department of Justice will now review the allegations and determine whether to investigate Mr. Smith further.

Practitioners should monitor this development closely, as it may have significant implications for the Trump investigation and potentially even lead to charges against Mr. Smith himself. Attorneys representing clients in similar investigations would be wise to review the statute and consider potential defenses or strategies in light of this referral.