WASHINGTON — Senate Democrats are making a last-ditch effort to block the nomination of Darin Smith, President Donald Trump's pick for U.S. attorney in Wyoming, after federal judges dismissed charges against nine defendants due to Smith's misconduct as acting U.S. attorney.
Misconduct in Grand Jury Proceedings
Three U.S. district judges in Wyoming dismissed nine cases after learning Smith told a grand jury that all defendants were "murderers," though only one faced murder charges; that all defendants "did what you are going to hear about"; and that the cases were "slam dunks." The judges' order stated, "This is not a case where a few offhand statements were improperly sprinkled throughout the presentation of evidence in one defendant's case. This misconduct began with some of the first words spoken to the grand jury [and] continued to penetrate the proceedings in off-the-record conversations, occurring on the breaks between indictments. This is deeply concerning."
Democrats Raise Concerns
Democrats on the Senate Judiciary Committee criticized Smith, saying he violated defendants' due process rights with inflammatory statements. They noted that the dismissed cases included murder, child pornography, drug distribution, and firearms possession. A White House spokesperson did not comment on whether Trump still supports Smith.
Smith, a former GOP state legislator, has practiced law for 25 years but never tried a case in federal or state court. He participated in the Jan. 6, 2021, protests at the U.S. Capitol, though he claims he did not enter the building. Sen. Dick Durbin (D-Ill.) called Smith "wholly unqualified" and said he should never be confirmed.
Package of Nominees
Smith is part of a package of about 50 Trump nominees being voted on Monday night. Other nominees include Phillip Williams, who compared Jan. 6 prosecutions to Salem witch trials, and former Rep. Dan Bishop, who voted to overturn the 2020 election and suggested "the left" instigated the Capitol violence. No Republican senator has publicly opposed the package. Sen. Thom Tillis (R-N.C.), who usually opposes Jan. 6 participants, said he did not care about Smith's nomination since his jurisdiction is limited to Wyoming.
