Opinion

MIKE DAVIS: Why criminal referral of Jack Smith was 100% justified

Smith allegedly omitted that he obtained congressional text messages through the National Archives, not a search warrant

By Mike Davis Fox News

Published July 25, 2026 6:38am EDT

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Jim Jordan issues criminal referral against Jack Smith

Rep. Jim Jordan, R-Ohio, discusses the criminal referral against former Special Counsel Jack Smith for allegedly misleading Congress.

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Former Biden administration special counsel Jack Smith is finally facing legal accountability for his abuse of power in his failed effort to defeat President Donald Trump's candidacy through two sham federal indictments. As part of that process, Smith provided testimony to Congress via deposition, and omitted crucial information necessary for the proper exercise of congressional oversight. House Judiciary Committee Chairman Jim Jordan referred Smith to the Department of Justice for potential prosecution, and Smith should be gravely concerned.

18 U.S.C. § 1001 prohibits making knowingly and willfully false statements during government proceedings. Telling a half-truth is equivalent to making a false statement—a witness cannot omit material information and then claim his testimony was technically accurate. The congressional investigators who deposed Smith warned him of his obligation, consistent with the standard oath all witnesses take: to tell the truth, the whole truth, and nothing but the truth, so help me God.

After President Trump left office, the Biden Justice Department obtained the contents of text messages of........

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