Background and Nomination
A Republican former Wyoming state lawmaker, Darin Smith, who lacks experience in trial litigation and has a history of opposing LGBTQ+ rights, is currently awaiting Senate confirmation to become the state’s top federal prosecutor. Smith was present outside the Capitol on January 6, 2021, during the insurrection.
Donald Trump initially nominated Smith as Wyoming’s US attorney last year. The Senate judiciary committee advanced his nomination in January through a party-line vote. Democrats have expressed strong opposition, citing Smith’s lack of prosecutorial experience and concerns that his appointment could lead to discriminatory enforcement of federal laws in Wyoming, a state notably affected by the 1998 murder of gay college student Matthew Shepard, which galvanized the LGBTQ+ rights movement.
“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,”said Dick Durbin, the top Democrat on the judiciary committee.
Smith declined to comment through a spokeswoman.
Context of the Nomination
Smith’s nomination comes amid former President Trump’s ongoing efforts to utilize federal law enforcement agencies to target political adversaries. US attorneys, presidential appointees responsible for leading civil and criminal prosecutions across the nation’s 94 federal judicial districts, have been central to this strategy.
Last year, Trump appointed an interim US attorney for the Eastern District of Virginia who had no prior prosecutorial experience. That attorney quickly filed charges against New York Attorney General Letitia James and former FBI Director James Comey, both of whom Trump publicly criticized. A federal judge later dismissed those charges and sharply criticized the attorney’s conduct.
Since Trump took office a year ago, Senate Republicans have confirmed 31 US attorneys, overcoming Democratic minority delay tactics. Smith was first nominated in July and assumed office on an interim basis in August after resigning his Wyoming state senate seat, which he had been elected to the previous year.
Smith received endorsements from Wyoming’s all-Republican congressional delegation. Senator John Barrasso stated,
“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.”
Professional Experience and Legal Background
In written responses to the Senate judiciary committee, Smith, admitted to the Wyoming bar in 2000, acknowledged he had never appeared in court for a criminal or civil proceeding, questioned a witness before a grand jury, or applied for a warrant prior to becoming US attorney.
When asked to list the “10 most significant litigated matters which you personally handled,” Smith replied,
“My legal practice has emphasized counseling, planning, and transactional work aimed at avoiding litigation. As a result, I have not personally handled 10 significant litigated matters that proceeded to verdict, judgment, or final decision.”
Affiliations and Views on LGBTQ+ Issues
Between 2018 and his appointment as interim US attorney, Smith held positions at the Family Research Council, a Washington DC-based organization advocating for conservative Christian policies.
Smith expressed agreement with the council’s opposition to same-sex marriage and its view that homosexuality is “harmful.” He also stated disagreement with the Supreme Court’s ruling that employers cannot discriminate against gay and transgender workers.
He was critical of a 2017 Wyoming legislative bill aimed at banning employment discrimination against LGBTQ+ individuals, describing it as a
“Trojan horse to legislate morality”.Smith wrote,
“It allowed government officials and entities funded by taxpayers to elevate the rights of LGBTQ+ individuals over the rights of the rest of the population. Everyone should be treated equally, period.”
During his brief tenure in the Wyoming state senate, Smith co-sponsored legislation that would have allowed librarians to face charges for “promoting obscenity” and prohibited state employees from being required to use coworkers’ preferred pronouns. The bill regarding librarians was defeated in committee, while the pronoun legislation became law.
David Stacy, vice-president of government affairs at the Human Rights Campaign, an LGBTQ+ rights organization, criticized Smith, saying,
“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 and Related Views
Smith confirmed to US senators that he was present on the Capitol grounds on January 6 but stated he did not enter the building. He maintains that the 2020 election, in which Trump lost his bid for a second term, was affected by “imperfections” and believes the Capitol attack was orchestrated by unidentified actors.
In a questionnaire, Smith wrote,
“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 asked about Trump’s pardons of rioters convicted of attacking police officers, Smith responded,
“I believe that our constitution gives every president the power to pardon any individual for offenses against the United States.”
Vermont Democratic Senator Peter Welch criticized Smith for
“rewriting history about January 6”and noted that Republicans previously blocked a US attorney nominee, Ed Martin, appointed to handle prosecutions in the District of Columbia, due to his supportive comments about rioters.
Welch said of Smith,
“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.”
Senate Process and Current Status
A spokesman for Senate Majority Leader John Thune did not respond to requests for comment regarding when Smith’s nomination will be voted on by the full Senate.
