Controversial Trump Nominee for Wyoming's Top Federal Prosecutor Role Sparks Outcry
The nomination of Darin Smith, a Republican former state lawmaker, to become Wyoming's top federal prosecutor has ignited significant controversy and political debate. Smith, who was outside the US Capitol during the January 6 insurrection in 2021, faces Senate confirmation despite having no experience trying cases and a documented record of opposing LGBTQ+ rights.
Qualifications and Experience Under Scrutiny
Donald Trump first nominated Darin Smith as Wyoming's US attorney last year, with the judiciary committee advancing his nomination in a party-line vote in January. Democrats have been particularly vocal in their condemnation, arguing that Smith lacks the essential experience required for such a critical law enforcement position.
In written responses to the Senate judiciary committee, Smith acknowledged that prior to assuming the role of US attorney on an interim basis, he had never appeared in court for criminal or civil proceedings, questioned witnesses before a grand jury, or applied for warrants. When asked to describe his ten most significant litigated matters, Smith responded that his legal practice had focused on counseling and transactional work aimed at avoiding litigation, stating he had not personally handled ten significant cases that proceeded to verdict or final decision.
Dick Durbin, the top Democrat on the judiciary committee, issued a strong statement: "Darin Smith is an unqualified insurrectionist with no experience in federal or criminal litigation. Not only does his lack of a resume disqualify him, there are serious doubts about his ability to fairly uphold the rule of law for all Americans."
Record on LGBTQ+ Rights Draws Criticism
Smith's nomination has raised particular concerns in Wyoming, where the 1998 murder of gay college student Matthew Shepard became a pivotal moment in the LGBTQ+ rights movement. Between 2018 and beginning as interim US attorney, Smith held positions at the Family Research Council, a Washington DC-based organization advocating for conservative Christian policies.
He has publicly agreed with the organization's opposition to same-sex marriage and its belief that homosexuality is "harmful." Smith also told lawmakers he disagreed with a 2020 US Supreme Court ruling that employers cannot discriminate against gay and transgender workers, and was critical of a 2017 Wyoming bill to ban employment discrimination against LGBTQ+ individuals, calling it a "Trojan horse to legislate morality."
David Stacy, vice-president of government affairs at the Human Rights Campaign, expressed deep concern: "Darin Smith has spent his career obsessed with making life worse for LGBTQ+ people, opposing marriage equality, cosponsoring state legislation targeting transgender youth, and smearing LGBTQ+ people in public statements. Just over two decades after Matthew Shepard was brutally murdered in that same state, Wyoming deserves better than tired anti-LGBTQ+ hate at the helm of federal law enforcement."
January 6 Involvement and Political Context
Smith confirmed to US senators that he was on the Capitol grounds on January 6, though he maintains he did not enter the building. He has suggested that the 2020 election was affected by "imperfections" and believes the Capitol attack was set up by unnamed actors, stating: "From my vantage point, I thought it was apparent that certain individuals acted as agitators, intentionally misleading others and escalating tensions, which created conditions resembling entrapment."
When questioned about Trump's pardons of rioters convicted of attacking police officers, Smith defended the presidential power to pardon, saying: "I believe that our constitution gives every president the power to pardon any individual for offenses against the United States."
Vermont's Democratic senator Peter Welch accused Smith of "rewriting history about January 6" and noted that Republicans had previously rejected a US attorney nominee, Ed Martin, over comments supporting rioters. Welch stated: "He's blaming the police officers for what the assailants did. Every one of us, my view, should condemn that language. So, his lack of experience, his words in support of January 6 are disqualifying for him to serve as US attorney."
Political Support and Confirmation Process
Smith has received endorsement from Wyoming's all-Republican congressional delegation, with senator John Barrasso stating: "President Trump made a solid, conservative choice in nominating Darin. Darin's experience in the Wyoming state senate and years of practicing law in Wyoming will serve him well."
The nomination comes as Trump continues efforts to use federal law enforcement agencies against political opponents, with US attorneys playing significant roles in this strategy. Last year, Trump appointed his former personal lawyer Lindsey Halligan as interim US attorney for Virginia's eastern district despite her lack of prosecutorial experience. Halligan brought charges against New York attorney general Letitia James and former FBI director James Comey, both targets of Trump's public criticism, though a federal judge later threw out those indictments.
Senate Republicans have confirmed 31 US attorneys since Trump took office, changing chamber rules to overcome Democratic delay tactics. Smith was initially nominated in July and assumed office on an interim basis the following month after resigning his state senate seat. A spokesman for Senate majority leader John Thune did not respond to requests for comment on when the full chamber will vote on Smith's nomination.
Through a spokeswoman, Smith declined to comment on the ongoing controversy surrounding his nomination and qualifications.
