Rep. Mark Harris, R-N.C., said Thursday that former special counsel Jack Smith should be prosecuted if a Justice Department investigation determines he lied to Congress about accessing lawmakers' communications during his investigations of President Donald Trump.

"Jack Smith should be prosecuted to the fullest extent of the law," Harris told Newsmax's "Wake Up America," adding, "Follow the evidence. And it's clear and becoming more and more clear that he did mislead, that he did just lie under oath. And as that evidence is being presented, then he needs to be dealt with."

House Judiciary Committee Chairman Jim Jordan, R-Ohio, sent a criminal referral to the Justice Department on Wednesday alleging Smith made false statements during a December 2025 deposition when discussing whether investigators obtained the contents of lawmakers' communications.

Smith testified that his team sought telephone toll records, which provide routing information, but not the contents of communications.

Jordan's referral followed the release of records showing Smith's investigative team had accessed text messages involving 44 current and former members of Congress while examining efforts to challenge the 2020 presidential election results.

Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, and Sen. Ron Johnson, R-Wis., said investigators bypassed a filter team intended to prevent prosecutors from reviewing potentially privileged material. According to records released by the Senate Judiciary Committee, the messages were obtained through a subpoena to the National Archives.

Smith's attorneys have denied that he misled lawmakers, arguing that his testimony concerned toll records and not communications obtained separately from the National Archives. The Justice Department has acknowledged receiving the referral, which does not require prosecutors to file charges, The Associated Press reported.

"The American people, they want to have confidence in their government, and they certainly should have confidence when it comes to law enforcement in this way," Harris said. "And they did far more than just investigate President Trump. They unleashed an incredible operation that went so far, just touching so many people. And it is just uncalled for. And they need to be held to account."

Harris, a member of the House Judiciary Committee, also urged Senate Democrats to support the annual defense authorization bill after the House passed the $1.15 trillion measure Wednesday in a 216-212 vote.

The legislation includes military pay increases ranging from 5% to 7%, authorizes additional defense spending, and formally adopts the Department of War name. Democrats objected to the cost, provisions affecting transgender service members, and amendments involving election law and other domestic policies. The Senate has not passed its version of the measure.

"This is not a time for a political statement," Harris said. "This is a time for us to pull together and unite as Americans and get the job done that we're trying to get done."

Harris spoke one day after Trump attended the dignified transfer at Dover Air Force Base of four soldiers killed in the Iran war, including Army Sgt. Michael Emmanuel Swinton, 30, of Fayetteville, North Carolina. Swinton was killed during a controlled detonation of an Iranian attack drone in Erbil, Iraq, according to Military Times.

"All of America continues to pray for them," Harris said. "Freedom is not free. There is a price that's being paid."

GET TODAY NEWSMAX+:

NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!

Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.

You need to watch NEWSMAX today.

Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!

Find the NEWSMAX channel on your cable system – Go Here Now

BEST OFFER:

Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.

Find hundreds of shows, movies and specials.

Even get Jon Voight's special series and President Trump's comedy programs and much more!

Watch NEWSMAX+ on your smartphone or home TV app.

Watch NEWSMAX anytime, anywhere!

Start your FREE trial now: NewsmaxPlus.com