A letter from Jack Smith's legal team, released on July 22, 2026, dismantles Rep.Jim Jordan's (R-OH) criminal referral against former special counsel Jack Smith.

Jordan accused Smith of making false statements during a 2025 House Judiciary Committee deposition, claiming Smith failed to disclose obtaining text messages from 44 congressional members.

Smith's attorneys, Lanny Breuer and Peter Koski, argued the referral is based on a flawed legal theory, calling it a 'dangerous theory of criminal liability' that could ensnare any congressional witness.

They emphasized Smith's testimony was truthful and that Jordan's claims rely on an 'unprecedented theory' requiring witnesses to volunteer information not asked.Former prosecutors criticized Jordan's approach, noting Congress should ask different questions to get desired answers.

The letter also refutes Jordan's claim that the texts violated the Speech or Debate Clause, stating the messages were voluntarily sent and not part of legislative business.

The attorneys highlighted that Trump's former attorneys, Todd Blanche, never challenged the legality of the texts in court, further undermining Jordan's case.

The controversy highlights tensions between congressional oversight and legal ethics, with critics calling the referral a politically motivated attack.