Toll records do not contain the content of calls or text messages. Advertisement AdvertisementRepublicans say Smith deceived them by failing to disclose that his team obtained access to some text messages from 44 members of Congress, most of whom were Republicans. The Justice Department is not required to take up criminal referrals it receives from Congress. Advertisement AdvertisementThe Justice Department also separately pursued charges against former FBI Director James Comey in connection with congressional testimony. A Justice Department spokesperson told CBS News the department has received the Smith referral and is in the process of reviewing it.