Former Justice Department special counsel Jack Smith spent years investigating and prosecuting Donald Trump. Earlier this month, House Judiciary Committee Chairman Jim Jordan referred Smith to the DOJ for potential criminal prosecution, alleging he made false statements during congressional testimony. Although Congress can recommend prosecution, the decision ultimately rests with the Justice Department, and any case would face significant legal and evidentiary hurdles. A criminal prosecution of a former special counsel would be unusual, though not unprecedented in the broader sense of prosecutors themselves becoming subjects of criminal investigations. Critics argue that prosecuting Smith could reinforce concerns that successive administrations will increasingly use the Justice Department to investigate their predecessors’ officials.