House Judiciary Committee Chairman Jim Jordan, R-Ohio, on Wednesday urged the Department of Justice to investigate Thomas Windom, a former top attorney for special counsel Jack Smith, accusing him of obstructing the committee’s investigation.
According to Fox News, in a 19-page referral, Jordan said Windom refused to answer dozens of questions during two private interviews earlier this year.
Windom cited his Fifth Amendment rights and federal rules protecting grand jury secrecy.
Jordan, however, argued these reasons were insufficient, noting that another prosecutor in a similar role, J.P. Cooney, had been more forthcoming.
“Windom’s improper refusal to answer nearly all questions during his deposition obstructed the Committee’s fact-finding,” Jordan wrote. “As a senior assistant to Special Counsel Jack Smith, Windom possesses unique, firsthand information about the work of that Office. Yet, despite express authorization by DOJ on two occasions, Windom declined to answer questions about matters necessary and relevant to the Committee’s inquiry.”
The GOP-led committee is probing Windom’s involvement in Smith’s investigation into President Donald Trump’s alleged efforts to overturn the 2020 election. Jordan suggested that Windom withheld critical information, hampering Congress’s oversight responsibilities.
This is the second criminal referral Jordan has issued in recent months.
In October, he recommended the DOJ pursue former CIA Director John Brennan, alleging that Brennan made false statements to Congress. While Congress can make such referrals, the DOJ is under no obligation to act.
Windom’s attorney defended his client, telling the committee in September that Windom had cooperated “in good faith.” He argued that the committee and DOJ failed to reciprocate, creating a difficult position for Windom.
“Majority staff, operating with no meaningful oversight or checks, have engaged in an unserious, performative exercise, convened for political theater,” Windom’s lawyer said. He added that Windom was forced to choose between potentially violating grand jury secrecy rules or risking contempt of Congress.
The referral is expected to heighten tensions between the GOP-controlled Judiciary Committee and the DOJ, keeping Windom and the broader investigation into Trump-era activities in the national spotlight.
