The GOP House Referral of Jack Smith for Perjury Prosecution Is Bogus

Jim Jordan knows that a perjury case can’t be premised on truthful testimony.

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Former Special Counsel Jack Smith prepares to depart after testifying before the House Judiciary Committee about his criminal investigation of President Donald Trump, on Capitol Hill in Washington, D.C., January 22, 2026.

Aaron Schwartz/Reuters

The referral by House Judiciary Chairman Jim Jordan (R., Ohio), seeking a Justice Department investigation and felony false statements charges against Biden Department of Justice special counsel Jack Smith is bogus. It’s just more partisan lawfare theater, which is now Washington’s bipartisan pastime.

Jordan is a sharp guy. Although he has never been a practicing lawyer, he has a law degree and he’s been on the Judiciary Committee for a long time, chairing it for nearly four years. He has thus grappled with lots of testimony that one party or the other has portrayed as deceitful. Undoubtedly, he knows there’s no actual basis for a prosecution against Smith for perjury or obstruction.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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