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House Judiciary Committee refers former Jack Smith attorney for prosecution

The House Judiciary Committee, led by Chairman Jim Jordan (R-OH), has referred Thomas Windom, a former attorney for ex-special counsel Jack Smith, to the Justice Department for criminal prosecution due to alleged obstruction of Congress. Windom reportedly refused to answer numerous questions during a committee interview and deposition, citing lack of DOJ authorization to disclose certain facts. However,the DOJ had authorized his testimony,making his refusal unjustified. Windom declined to discuss topics such as his interactions with the House jan. 6 Select Committee,the FBI’s seizure of Rep. Scott Perry’s cellphone, and the “Arctic Frost” investigation into Republican lawmakers. He invoked various privileges and rights to justify his silence. Jordan’s referral accuses Windom of corruptly obstructing the congressional investigation, emphasizing that such refusal undermines congress’s oversight function. Simultaneously occurring, Jack Smith himself has faced republican scrutiny over his investigations into former President Donald Trump, with calls for him to testify publicly before Congress. Democrats,led by Rep. Jamie Raskin, have urged Jordan to accept Smith’s offer to testify publicly, noting that past special counsels have done so.


House Judiciary Committee refers former Jack Smith attorney Thomas Windom for prosecution

House Judiciary Committee Chairman Jim Jordan (R-OH) on Wednesday referred Thomas Windom, a former attorney for then-special counsel Jack Smith, to the Justice Department for criminal prosecution related to his alleged obstruction of Congress.

In a letter to Attorney General Pam Bondi, Jordan lays out how Windom refused to answer multiple questions during a transcribed interview in June and a required deposition in September.

Smith’s former aide declined to answer the House Judiciary Committee’s questions, claiming that he did not have authorization from the DOJ to divulge information on various topics. However, his argument was rendered moot because the DOJ did authorize Windom’s compelled testimony before the initial interview.

“Windom invoked an absurd and indefensible interpretation of DOJ’s authorization by refusing to testify about communications with FBI officials in part on the grounds that FBI officials are not ‘DOJ officials,’” Jordan wrote in the 193-page letter featuring transcripts of the attorney’s answers.

“This position is nonsensical because the FBI is a component of the Department of Justice and the Department specifically informed Windom’s attorney that the Committee would inquire about communications with FBI officials,” he continued. “Windom also refused to provide certain details, including names and information about the other prosecutors he worked with during the investigations into President Trump, citing lack of specific Department authorization. These positions are in direct conflict with the Department’s clear direction to provide ‘unrestricted testimony’ about the topics under inquiry.”

The topics that Windom declined to address include his past interactions with the House Jan. 6 Select Committee, the FBI’s seizure of Rep. Scott Perry’s (R-PA) cellphone, and the Biden administration’s “Arctic Frost” investigation of other Republican lawmakers.

“I respectfully decline to respond for the reasons stated by my counsel,” he repeatedly responded.

Among the many reasons that Windom provided for not being able to disclose sensitive information to the GOP-majority committee, according to the letter, were an “unspecified First Amendment privilege, attorney-client privilege, a misguided belief that the Committee had no legitimate legislative purpose for the inquiry, and his Fifth Amendment right against self-incrimination.”

Jordan is asking Bondi to subject Windom to criminal prosecution for “corruptly” obstructing or impeding the congressional investigation.

“Congress cannot perform its oversight function if witnesses who appear before its committees corruptly refuse to provide information that the law requires them to furnish,” the top Republican on the congressional panel said.

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Smith himself has become a target for Republicans since he left office. Last month, Jordan asked Smith to testify regarding his “politically motivated prosecutions” of President Donald Trump. In response, Smith asked for a public hearing where he could testify.

Rep. Jamie Raskin (D-MD), in his official capacity as ranking member of the House Judiciary Committee, led his party in urging Jordan to accept Smith’s offer. Raskin argued that “every modern” special counsel has provided public testimony about their investigations into a sitting or former president.



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