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A top Senate Republican is calling on the Department of Justice to investigate—and potentially prosecute—former Special Counsel Jack Smith over whether he “unlawfully took political actions to influence the 2024 election” targeting President Donald Trump.
Senator Tom Cotton, who chairs the Senate Intelligence Committee, sent a letter to Acting Special Counsel Jamieson Greer, accusing Smith of using his position under the Biden-led Justice Department to sway the election outcome. The letter was first obtained by Fox News Digital.
“As the Office of the Special Counsel is tasked with ensuring federal employees aren’t conducting partisan political activity under the guise of their federal employment, you’re well situated to determine whether Smith broke the law,” Cotton wrote.
“Many of Smith’s legal actions seem to have no rationale except for an attempt to affect the 2024 election results—actions that would violate federal law,” he added.
Smith was appointed by former Attorney General Merrick Garland to investigate claims that Trump attempted to overturn the 2020 election results and later handled classified documents improperly following a raid at Mar-a-Lago.
Cotton detailed four examples of what he described as politically motivated decisions made by Smith, including rushing trial dates and releasing sensitive information “with no legitimate purpose.”
One instance involved Smith allegedly accelerating the trial and jury selection for Trump’s August 2023 indictment—part of the election interference probe. That indictment included charges such as conspiracy to defraud the United States, obstruction of an official proceeding, and conspiracy against rights. Cotton noted that such cases usually allow over two years for preparation, yet jury selection was scheduled just two weeks before the 2024 Iowa Caucuses.
He also accused Smith of bypassing the normal appeals process, citing a request for an expedited Supreme Court review following Trump’s December 2023 defense filing in the District of Columbia.
Cotton further argued that Smith violated the Justice Department’s “60-day rule,” which prohibits prosecutorial actions likely to influence an imminent election. He pointed to a brief Smith filed after the Supreme Court’s September 26, 2024 decision on presidential immunity. According to Cotton, the brief was four times longer than usual and contained grand jury testimony that is typically kept confidential.
“These actions were not standard, necessary, or justified—unless Smith’s real purpose was to influence the election,” Cotton wrote. “In fact, throughout Special Counsel Smith’s tenure, he regularly used farfetched and aggressive legal theories to prosecute the Republican nominee for president. I would add that President Biden also called during the election for President Trump to be ‘locked up.’”
“President Trump, of course, vanquished Joe Biden, Jack Smith, every Democrat who weaponized the law against him, but President Trump’s astounding victory doesn’t excuse Smith of responsibility for his unlawful election interference,” Cotton concluded. “I therefore ask the Office of Special Counsel to investigate whether Jack Smith or any members of his team unlawfully acted for political purposes.”
