House Judiciary Committee Chairman Jim Jordan referred former Special Counsel Jack Smith for criminal prosecution late Wednesday, alleging he lied to Congress about his team's  access to the contents of private text messages of over 40 lawmakers.

The referral accuses Smith of lying to Congress last year when he testified that the “toll records,” or telephone records, his team requested for members of Congress did not include the content of those messages. 

It also accuses Smith of lying when he was asked if he ever subpoenaed the text messages of members of Congress.

“This information calls into question the completeness and accuracy of statements that Mr. Smith made under oath to the Committee regarding his team’s access to the content of Members’ text messages,” Jordan wrote in the referral, which was obtained by The Hill.

House Judiciary Committee Ranking Member Jamie Raskin, an attorney and previously a law professor, accused Jordan of distorting the facts, stating that Smith compelled the National Archives to produce White House records, which included the text messages, but did not subpoena the phone records and, therefore, his testimony was accurate.

“With today’s referral of Jack Smith to DOJ, Chairman Jordan and the Republican Congress have embarrassed themselves again in this investigation," Raskin said. "Jack Smith was clear and consistent in his testimony, and he told the truth. When asked if his subpoena for Members’ toll records sought the content of either Member’s phone calls or messages, he truthfully replied that they did not. That statement was true when he said it, and it is true today."

Raskin claimed House Republicans never asked Smith about whether he had reviewed the text messages and accused Republicans of being upset that they did not think to ask different questions regarding the phone records of lawmakers.

“Wishing that you had asked different questions while you had the opportunity to examine a witness is not a proper basis for a referral of a witness for criminal prosecution," he said. 

"The Republicans fault Mr. Smith for not reading the minds of congressional investigators and for not volunteering information they didn't ask for," he added. "This is absurd. Mr. Smith may be telegenic but he is not telepathic."  

The referral was transmitted to Acting Attorney General Todd Blanche. 

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.