Senator Tom Cotton (R-Arkansas) has called for an investigation into former Special Counsel Jack Smith, alleging that Smith may have taken political actions intended to influence the 2024 presidential election against then-candidate President Donald Trump. In a letter addressed to Acting Special Counsel Jamieson Greer, Cotton outlined several actions by Smith that he claims were irregular and potentially unlawful.
“These actions were not standard, necessary, or justified—unless Smith’s real purpose was to influence the election. In fact, throughout Special Counsel Smith’s tenure, he regularly used far-fetched 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,’” Cotton wrote.
Cotton’s letter details instances where he believes Smith expedited trial proceedings and released information without legitimate cause. He cited the timeline following Trump’s indictment on August 10, 2023, noting that Smith sought a trial start date of January 2, 2024—less than six months after providing Trump’s defense team with extensive evidence. Cotton argued this was unusually fast compared to similar cases and pointed out that jury selection was scheduled just two weeks before the Iowa caucuses.
He also referenced actions taken on December 11, 2023, when Smith pushed for an expedited review by both the appeals court and Supreme Court after Trump filed his defense in district court. According to Cotton, these moves bypassed normal appellate procedures without clear justification.
Further concerns raised in the letter include a September 5, 2024 brief filed by Smith’s prosecution team following a Supreme Court decision on presidential immunity. The judge involved noted this filing as “procedurally irregular,” given its timing so close to the election—a period during which Justice Department guidelines generally prohibit actions that could affect electoral outcomes.
Cotton also criticized the length and content of one of Smith’s briefs regarding Trump’s immunity from prosecution. The document exceeded typical page limits and included grand jury testimony not usually disclosed at that stage in proceedings. Cotton suggested this disclosure was timed for maximum impact on voters.
“These actions were not standard, necessary, or justified—unless Smith’s real purpose was to influence the election. In fact, throughout Special Counsel Smith’s tenure, he regularly used far-fetched 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.’”
Cotton concluded his letter by stating: “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. I therefore ask the Office of Special Counsel to investigate whether Jack Smith or any members of his team unlawfully acted for political purposes.”
The Office of Special Counsel is responsible for ensuring federal employees do not engage in partisan activity while serving in their official capacities.
