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

Former Biden medication peculiar counsel Jack Smith is yet facing ineligible accountability for his maltreatment of powerfulness successful his failed effort to decision President Donald Trump's candidacy done 2 sham national indictments. As portion of that process, Smith provided grounds to Congress via deposition, and omitted important accusation indispensable for the due workout of legislature oversight. House Judiciary Committee Chairman Jim Jordan referred Smith to the Department of Justice for imaginable prosecution, and Smith should beryllium gravely concerned.

18 U.S.C. § 1001 prohibits making knowingly and willfully mendacious statements during authorities proceedings. Telling a half-truth is equivalent to making a mendacious statement—a witnesser cannot omit worldly accusation and past assertion his grounds was technically accurate. The legislature investigators who deposed Smith warned him of his obligation, accordant with the modular oath each witnesses take: to archer the truth, the full truth, and thing but the truth, truthful assistance maine God.

After President Trump near office, the Biden Justice Department obtained the contents of substance messages of 44 Members of Congress, including 20 senators and 24 representatives. Those members included then-House Speaker Kevin McCarthy, the astir almighty Republican successful government. The authorities seized those contents portion scouring telephone records betwixt President Trump, his associates, and members of Congress concerning the profoundly troubling 2020 election.

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 Former Special Counsel Jack Smith says the Pledge of Allegiance earlier helium prepares to attest during a proceeding earlier the House Judiciary Committee successful the Rayburn House Office Building connected Capitol Hill connected January 22, 2026 successful Washington, DC.  (Al Drago/Getty Images)

During his deposition, Smith asserted that helium had sought toll records done hunt warrants. But toll records lone uncover who called whom and when. They bash not uncover the contents of conversations. When asked whether helium had obtained the contents of communications done a hunt warrant, Smith explicitly denied that helium had done it. What helium conveniently neglected to notation was that helium had obtained the contents of those texts done the National Archives. One of Smith’s henchmen, Thomas Windom, obtained the contents of the communications without decently subjecting them to reappraisal by a "taint team" to guarantee that Smith did not person communications privileged nether the Speech and Debate Clause of the Constitution.

Smith and his defenders audaciously reason that helium should not beryllium expected to work the minds of his questioners. He answered that helium did not person the texts done a hunt warrant, and that is each helium was required to say, the Smith sycophants claim. This statement makes a mockery of the "whole truth" information of the oath. Smith obtained the texts done a abstracted improper transmission that Congress–through the dedicated enactment of Senate Judiciary Committee Chairman Chuck Grassley–uncovered conscionable past month. That accusation incontrovertibly would person been indispensable to legislature oversight. Congress indispensable cognize that the National Archives provided Smith with the contents of legislature texts, and that Smith improperly reviewed them.

Smith and his supporters besides assertion this referral is portion of a retaliatory prosecution strategy against him, citing President Trump’s repeated calls for Smith to beryllium held accountable. Those calls are eminently reasonable, arsenic Smith tried to enactment Trump successful situation for the remainder of his beingness for exercising his First Amendment close to quality a dubious election. Smith sought to cannibalize the Executive Branch by moving roughshod implicit statesmanlike immunity, a rule the Supreme Court thankfully affirmed successful 2024. Requesting that the Justice Department analyse a purported transgression is not retaliatory; it is accordant with the regularisation of law.

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Some besides reason that prosecuting Smith would endanger the organization independency of the Justice Department. But the Justice Department is not independent; it is portion of the Executive Branch and truthful nether the power of the president. Second, Smith, portion a backstage citizen, allegedly committed a crime. It is inconceivable however holding him legally accountable for that behaviour would endanger the Justice Department. Third, with respect to alleged crimes that Smith allegedly committed portion serving arsenic a peculiar counsel, specified arsenic conspiracy against law rights nether 18 U.S.C. § 241, it is due to clasp prosecutors criminally liable for unlawful behaviour successful the aforesaid mode it is due to clasp instrumentality enforcement officers accountable. If a constabulary serviceman unlawfully beats a fishy without origin and violates his civilian rights, that serviceman should look ineligible accountability. Holding him accountable is not a menace to instrumentality enforcement; it is accordant with the regularisation of law. The aforesaid applies to rogue prosecutors similar Smith.

Chairman Jim Jordan looks connected during a proceeding with the House Judiciary Committee successful the Rayburn House Office Building successful Washington, D.C. connected Sept. 3, 2025. (Kevin Dietsch/Getty Images)

Jack Smith is an affront to the national authorities and the ineligible profession. He tried and failed to change the result of the 2024 statesmanlike predetermination by prosecuting President Trump crossed 2 jurisdictions connected 2 absurd indictments. He past withheld worldly information—meaning, helium lied—during a legislature deposition. This accusation came to airy lone acknowledgment to Chairman Chuck Grassley. Smith’s champion anticipation present is to effort a Clintonian "depends connected the meaning of ‘is’" defense, and fto a twelve jurors determine whether they volition swallow it.

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