Special counsel Jack Smith speaks to members of the media at the US Department of Justice building in Washington on August 1, 2023. (SAUL LOEB/AFP via Getty Images)
"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," the Arkansas Republican 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 continued.
Smith was tapped by former Attorney General Merrick Garland to probe allegations that Trump sought to overturn the 2020 election results, and later investigated the handling of classified documents that were uncovered during a raid at Trump’s Mar-a-Lago compound.
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President Donald Trump speaks with reporters aboard Air Force One after leaving Aberdeen, Scotland, on July 29, 2025, en route to Washington. (AP Photo/Jacquelyn Martin)
Cotton accused Smith of violating the Justice Department’s "60-day rule," that prevents prosecutorial steps from being taken that could influence an upcoming election. That charge stemmed from Smith’s move to file a brief following the Supreme Court’s decision regarding presidential immunity, which was granted on Sept. 26, 2024, a little over a month out from the election.
And that brief, Cotton noted, exceeded the normally allowed length four times over and included grand jury testimony "typically kept secret at this point in other proceedings."
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"These actions were not standard, necessary, or justified – unless Smith's real purpose was to influence the election," Cotton said. "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," he continued. "I therefore ask the Office of Special Counsel to investigate whether Jack Smith or any members of his team unlawfully acted for political purposes."
Fox News Digital reached out to Smith but did not immediately hear back.
Alex Miller is a writer for Fox News Digital covering the U.S. Senate.
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https://www.foxnews.com/politics/top-gop-senator-demands-probe-whether-jack-smith-unlawfully-tried-influence-2024-election