House Judiciary Chair Jim Jordan (R-Ohio) referred a top aide to former special counsel Jack Smith to the Justice Department for criminal prosecution over obstruction of a congressional investigation.
Thomas Windom, who was senior assistant special counsel under Smith, sat for an interview with congressional investigators in June and a deposition in September.
In a Wednesday letter to Attorney General Pam Bondi, Jordan wrote that Windom declined to answer questions by citing a lack of authorization from her department, along with other justifications. But the DOJ had authorized his testimony before he sat for an interview with congressional investigators, Jordan argued.
“The Committee on the Judiciary writes to refer significant evidence that Thomas Windom, former Senior Assistant Special Counsel to Jack Smith, has, by his conduct during a deposition before the Committee, obstructed a congressional investigation,” Jordan wrote in the letter.
This letter is part of a wide-ranging effort from Republicans across both chambers of Congress to target Smith and his office for their investigations into Donald Trump. Republicans have repeatedly argued that Smith’s work constituted a kind of politicization of federal law enforcement, even as Trump has broken with modern precedent by publicly calling on his attorney general to prosecute his political adversaries.
In July, Jordan subpoenaed Windom to compel his cooperation after the voluntary transcribed interview. At the September deposition, Jordan recalled that Windom’s attorney cited “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 argued that Windom’s justifications were unpersuasive.
“We have received the letter from Chairman Jordan,” a DOJ spokesperson said in a statement. “Consistent with longstanding policy, the Department does not comment on active or potential investigations. We share the Chairman’s concerns and will continue to ensure that justice is applied fairly and equally to all Americans.”
A spokesperson for Windom referred to the transcript of his testimony, during which Windom’s lawyer argued that Jordan’s probe was unserious and violated Windom’s First Amendment rights.
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