Jim Jordan Calls for Prosecution of Former Special Counsel’s Lawyer
House Judiciary Committee Chairman Jim Jordan, a Republican from Ohio, urged the Justice Department on Wednesday to take action against Thomas Windham, the lead attorney for former special counsel Jack Smith. Jordan accused Windham of obstructing a congressional inquiry.
In a detailed 19-page account, Jordan noted that Windham, a seasoned federal prosecutor dismissed during the Trump administration, failed to respond to numerous questions from committee staff despite meeting privately with Jordan on two occasions this year.
Windham invoked his Fifth Amendment rights and cited rules regarding grand jury secrecy as reasons for his silence. However, Jordan expressed his frustration with Windham’s responses, pointing out that another prosecutor, JP Cooney, had been more forthcoming, hinting that Windham was being less cooperative than necessary.
“Mr. Windham’s refusal to answer almost all questions during his deposition hindered the commission’s fact-finding efforts,” Jordan stated. “As a senior assistant to Special Counsel Jack Smith, Windham possesses unique, firsthand knowledge about the department’s operations. Yet, on two occasions, despite being given explicit permission by the Department of Justice, Windham declined to respond to questions that were vital to the committee’s investigation.”
The Republican-led committee has been exploring various aspects of Windham’s work, particularly concerning investigations into President Trump’s alleged attempts to overturn the 2020 election results and Windham’s prior role supporting Smith.
While Congress often refers matters to the Justice Department for criminal proceedings, the department is not obliged to follow up on such referrals. This marks the second instance in recent months where the Jordan Committee has sought prosecution, having previously called for charges against former CIA Director John Brennan for alleged false statements to Congress.
Windham’s attorney told the committee that his client had tried to cooperate “in good faith” but claimed the responses from the committee’s Republicans and the Justice Department were lacking.
The attorney criticized the Justice Department for its departure from the usual protocol that prevents top lawyers like Windham from testifying before Congress without legal representation. They also contended that the committee showed little regard for the federal government’s responsibility to maintain grand jury confidentiality. The lawyers described the committee’s actions as performative and politically motivated, suggesting they cornered Windham into a position where he had to choose between facing potential criminal charges for violating grand jury secrecy or for contempt of Congress.
