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First in Fox: A Senate Republican wants the Department of Justice to investigate, and potentially prosecutors, former special lawyer Jack Smith about whether “took political measures illegally to influence the 2024 elections” against President Donald Trump.
Senator Tom Cotton, who presides over the Senate Intelligence Committee, accused Smith of seeking to impact the 2024 elections as a special advisor under the Department of Justice led by Biden in a letter to the Interim Chief of the Special Advisor Office, Jamieson Greer, first obtained by Fox News Digital.
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The special lawyer Jack Smith talks to the members of the media in the building of the United States Department of Justice in Washington on August 1, 2023. (Saul Loeb/AFP through Getty Images)
“As the Special Advisor's office has the task of ensuring that federal employees are not carrying out partisan political activities under the appearance of their federal employment, it is well located to determine if Smith violated the law,” wrote the Republican of Arkansas.
“Many of Smith's legal actions seem to have no justification, except for an attempt to affect the electoral results of 2024, actions that would violate the federal law,” he continued.
Smith was taken advantage of by former Attorney General Merrick Garland to investigate the accusations that Trump sought to cancel the results of the 2020 elections, and then investigated the management of classified documents that were discovered during a raid in Trump's Mar-A-Lago Complex.
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Senator Tom Cotton presides over the Senate Intelligence Committee. (Bill Clark/CQ-Roll Call, INC through Getty Images)
Cotton listed four instances during the mandate of Smith, where he accused that the prosecutor accelerated the dates of the trial and published information “without legitimate purpose.”
In an example, Cotton accused Smith of quickly following the date of the trial and selection of the jury for his case against Trump related to his accusation of August 2023 that was part of his 2020 electoral investigation.
This accusation included four positions against the President, including the conspiracy to disappoint the United States, the obstruction of an official procedure, the conspiracy to obstruct an official procedure and conspiracy against rights.
Cotton argued that, in general, the defendants have more than two years to prepare for this type of trial, and pointed out that the jury selection period was scheduled only two weeks before the Caucus of Iowa in 2024.
He also accused that Smith bordered the normal appeal process and “could not articulate a legitimate reason,” the court should grant his request when Smith demanded a trial before the next day of the elections, wanted a review issued by the Court of Appeals and then presented a request before the Supreme Court to avoid the District Court after Trump presented his defense before the District Court of the District of Columbia in December 2023.
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President Donald Trump talks to journalists aboard Air Force One after leaving Aberdeen, Scotland, on July 29, 2025, on the way to Washington. (Photo AP/Jacquelyn Martin)
Cotton accused Smith of violating the “60 -day rule” of the Department of Justice, which prevents processing measures that could influence an upcoming election. That position arose from Smith's move to present a brief after the decision of the Supreme Court with respect to presidential immunity, which was granted on September 26, 2024, just over a month of the elections.
And that brief, Cotton said, exceeded the length normally allowed four times and included the testimony of the grand jury “generally kept secret at this point of other procedures.”
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“These actions were not standard, necessary or justified, unless Smith's true purpose was to influence the elections,” Cotton said. “In fact, throughout the mandate of special lawyer Smith, he regularly used legal and aggressive legal theories to prosecute the republican candidate for the president. He would add that President Biden also called during the elections so that President Trump was” locked up. “
“President Trump, of course, beat Joe Biden, Jack Smith, every Democrat who armed the law against him, but the surprising victory of President Trump does not excuse Smith of responsibility for his illegal electoral interference,” he continued. “Therefore, I ask the Special Advisor Office to investigate whether Jack Smith or any member of his team acted illegally for political purposes.”
Fox News Digital contacted Smith but did not receive an immediate response.
