Former special counsel Jack Smith will open a new law firm next month alongside fellow prosecutors who all probed President Trump and the Jan. 6, 2021, attack on the U.S. Capitol.
One of the lawyers joining Mr. Smith’s new firm, Thomas Windom, has been referred to the Justice Department for criminal prosecution by House Judiciary Committee Chairman Jim Jordan.
The Ohio Republican alleged that Mr. Windom has refused to answer oversight questions from the committee about his work with Mr. Smith investigating the Jan. 6 riot and 2020 election.
Other prosecutors joining the firm include Tim Heaphy, who served as chief investigative counsel on the House Select Committee reviewing the Jan. 6 attack, and David Harbach, who worked with Mr. Smith on the Mar-a-Lago classified documents case.
GOP lawmakers want to get Mr. Smith to Capitol Hill for testimony about his prosecutions of the 2020 election and classified documents cases.
Republicans on Capitol Hill are particularly concerned about Mr. Smith’s use of subpoenas to spy on Republican senators and House members.
Senate Judiciary Committee Chairman Chuck Grassley, Iowa Republican, said on the chamber floor Wednesday that his review of emails from Mr. Smith’s team suggests that he lacked candor to the court.
Under the Rules of Professional Conduct for lawyers, they must disclose material facts to a court and judge.
According to Mr. Grassley’s findings, it appears that Mr. Smith’s team did not let the court know it was seeking to spy on federal lawmakers because it identified only the phone numbers it wanted to track.
Republicans argue that laws protect federal lawmakers from subpoenas in that they have to be made aware of the subpoena so they can challenge it in court.
Mr. Grassley also said the actions raise “serious questions about special counsel Smith’s candor — or lack thereof — before the court.”
Mr. Jordan has subpoenaed Mr. Smith to testify behind closed doors on Dec. 17.
Mr. Smith has said he is willing to testify in public about his conduct as special counsel.
