A top deputy to former Special Counsel Jack Smith was criminally referred to the Justice Department for obstruction of Congress on Wednesday.
Jack Smith was appointed as Special Counsel in 2022 by Joe Biden’s Attorney General Merrick Garland to investigate Trump just one day after Trump announced his 2024 bid for the White House.
Chairman Jim Jordan referred Thomas Windom, a former Senior Assistant Special Counsel to Jack Smith, to the DOJ for refusing to answer every question during a deposition before House Judiciary Committee members.
Windom is accused of intentionally obstructing the Committee’s fact-finding.
Per House Judiciary Chairman Jim Jordan:
Today, House Judiciary Committee Chairman Jim Jordan (R-OH) referred Thomas Windom, former Senior Assistant Special Counsel to Jack Smith, to the Department of Justice for criminal prosecution after Windom declined to answer nearly every single one of the Committee’s questions in a deposition, citing various and shifting justifications.
As a senior assistant to Special Counsel Jack Smith, Windom possesses unique, firsthand information about the work of that Office. Yet, despite being given express authorization by DOJ on two separate occasions, Windom declined to answer questions during his deposition about topics necessary and relevant to the Committee’s inquiry.
These topics include:
- Knowledge of a February 2021 proposal that J.P. Cooney brought to the FBI to investigate President Trump and the individuals within his orbit;
- Interactions with and materials obtained from the January 6th Select Committee;
- Information related to the surveillance of Representative Scott Perry and the seizure of his cell phone;
- Information related to how many other Members of Congress were investigated as part of the Arctic Frost investigation and the Jack Smith investigation; and
- Communications with FBI officials related to potential evidence in the possession of the Willard Hotel.
#BREAKING: @Jim_Jordan refers Jack Smith’s former deputy, Thomas Windom, to DOJ for prosecution
Read the full referral here: https://t.co/5K8LAYqEMd pic.twitter.com/INbt4lmSQl
— House Judiciary GOP (@JudiciaryGOP) November 19, 2025
Earlier this year it was reported that the Office of Special Counsel launched an investigation into Jack Smith for possible violations of the Hatch Act and illegal political activity.
The Office of Special Counsel opened the investigation after Senator Tom Cotton earlier sent a letter alleging Jack Smith’s actions politically harmed Trump during the 2024 election.
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