The short answer
Jack Smith served as special counsel from 2022 to 2024, leading federal investigations into Donald Trump's handling of classified documents and efforts to overturn the 2020 election. After Trump's election victory in 2024, Smith resigned and his cases were dropped. Now, House Judiciary Chairman Jim Jordan (R-OH) has sent a criminal referral to the DOJ, alleging Smith misused prosecutorial power, leaked grand jury information, and engaged in political bias. The referral is largely symbolic—the DOJ is not obligated to act—but it signals ongoing GOP efforts to hold Smith accountable.Why it’s trending
The criminal referral from a top Republican lawmaker marks a new phase in the political fallout from Trump's prosecutions, drawing attention to Smith's role and the broader debate over DOJ independence.
House Judiciary Committee Chairman Jim Jordan (R-OH) has formally asked the Justice Department to consider prosecuting former special counsel Jack Smith, according to a letter sent Thursday. The referral alleges Smith engaged in misconduct during his investigations of President Donald Trump, including leaking grand jury information and pursuing politically motivated charges.
Jordan's letter, obtained by CNN and The New York Times, cites testimony from former Smith prosecutors and internal DOJ memos. However, legal experts note that criminal referrals from Congress carry no legal weight and are often used to signal political priorities. The DOJ has not commented on the referral.
Smith was appointed special counsel in November 2022 and indicted Trump on 40 counts related to classified documents and election interference. After Trump's 2024 election victory, Smith resigned and the cases were dismissed under DOJ policy against prosecuting a sitting president. Republicans have since launched multiple investigations into Smith's conduct.
The referral is unlikely to result in charges, but it intensifies the political battle over Trump's legal troubles. Democrats have condemned the move as an attack on the rule of law, while Republicans argue Smith overstepped his authority. The DOJ's response will be closely watched as the 2026 midterms approach.
Timeline
- Jack Smith Appointed Special Counsel
Attorney General Merrick Garland appoints Smith to oversee investigations into Donald Trump's handling of classified documents and efforts to overturn the 2020 election.
- Trump Indicted on Classified Documents Charges
Smith's team secures a 40-count indictment against Trump in Florida, alleging willful retention of national defense information and obstruction.
- Trump Indicted on Election Interference Charges
Smith obtains a four-count indictment in Washington, D.C., accusing Trump of conspiring to defraud the U.S. and obstruct an official proceeding.
- Trump Wins Presidential Election
Trump defeats President Joe Biden, triggering DOJ policy that prohibits prosecuting a sitting president.
- Smith Resigns; Cases Dismissed
Smith resigns as special counsel, and the DOJ moves to dismiss both cases against Trump without prejudice.
- Jordan Sends Criminal Referral
House Judiciary Chairman Jim Jordan sends a letter to the DOJ urging prosecution of Smith for alleged misconduct.
Questions people ask
What is a criminal referral?
A criminal referral is a formal request from Congress to the Justice Department to investigate and potentially prosecute someone. It is not legally binding and does not compel the DOJ to act.
Could Jack Smith actually be prosecuted?
Legal experts say it is unlikely. Criminal referrals are often symbolic, and the DOJ would need to find evidence of a crime. Smith's actions as a federal prosecutor are generally protected by prosecutorial immunity.
Why is this happening now?
The referral comes as Republicans continue to investigate the Biden administration's handling of Trump investigations. Jordan has been a vocal critic of Smith and has held hearings on alleged DOJ politicization.
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