The U.S. Senate confirmed U.S. Attorney for Wyoming Darin Smith on a narrow party-line vote Monday, just days after judges tossed nine federal indictments citing Smith’s misconduct that could have prejudiced jurors.
Smith, who was initially appointed on an interim basis in August, was confirmed in an “en bloc” vote along with 48 other Trump nominees, meaning senators didn’t debate his merits. He will serve a four-year term at the helm of the U.S. Attorney’s Office for Wyoming.
The embattled attorney’s confirmation comes less than a week after three federal judges dismissed nine felony indictments due to Smith’s interactions with grand jurors. The judges ruled in favor of defense attorneys who accused Smith of polluting the grand jury by calling the defendants “murderers” and saying that the deliberations “won’t take long,” among other things. One of the defendants has been charged with a murder on the Wind River Reservation.
“The cumulative effect of the many known instances of misconduct leaves the court with ‘grave doubt that the [grand jury’s] decision to indict was free from the substantial influence of such violations,’” the judges wrote.
Under the Wyoming Rules of Professional Conduct for attorneys, the U.S. Attorney’s Office reviewed the March grand jury proceedings. That review resulted in further disclosures about Smith’s conduct, including that he had passed out business cards to grand jury members and had asked for the list of grand jurors. That behavior, the three judges concluded, was concluding in two ways. It appeared like Smith was trying to “curry favor with the grand jurors.” And prosecutors should not be soliciting communication with grand jurors outside of court.
Smith’s office declined to comment on the dismissed indictments or his intended approach going forward. “Because the allegations made against Darin relate to ongoing litigation regarding grand jury, we do not wish to respond,” Smith’s spokesperson said in an email.
Smith has also faced stiff criticism over his credentials and conduct. Responding to questions from U.S. Senate Judiciary Committee lawmakers, Smith admitted that he had no experience appearing in court for a criminal or civil case, questioning witnesses before a grand jury or applying for a warrant. Some have also accused Smith of being a Jan. 6 insurrectionist. Smith told senators that he was on Capitol grounds on Jan. 6, but didn’t enter the building.
Smith said in a statement that he is “deeply honored and grateful” to be confirmed. “To be entrusted with representing the people of this great district and the United States of America in the pursuit of justice, is a responsibility I do not take lightly,” he said.
Tribal response
The Northern Arapaho and the Eastern Shoshone tribes have been particularly outspoken in condemning the Wyoming U.S. attorney. Smith’s confirmation holds particular weight on the Wind River Reservation — federal prosecutors handle felony cases for crimes committed on the reservation by tribal members, and sometimes by non-tribal members.
“It is through the U.S. Attorney’s Office that our Native families and communities find justice, are ensured a fair and unbiased proceeding, and are made safe,” a statement that the Eastern Shoshone Business Council published Monday morning on Facebook states.
Yet Smith, the message continues, “shows a flippant disregard for the integrity of the justice system through reckless comments, improper familiarity with grand jurors, and conduct that creates the appearance of bias and prejudice.”
An opinion piece by the Northern Arapaho Business Council, published Saturday in the Riverton Ranger and the Lander Journal, noted that the U.S. Attorney’s Office “already faces longstanding criticism regarding the failure to adequately prosecute crimes arising on Indian reservations,” with many cases stalling before they get to a grand jury.
“For Native victims and families, this means violent crimes often go unanswered, justice is delayed or denied, and faith in the federal system continues to erode,” the piece stated.
Meanwhile, Wyoming’s all-Republican congressional delegation has cheered Smith’s nomination. In a joint statement last year, Sen. John Barrasso described Smith as “well-qualified” and “a solid, conservative choice.” Sen. Cynthia Lummis said he “possesses the qualifications, experience, and values needed to take on this challenging role.” And Rep. Harriet Hageman trusted that Smith “will uphold the rule of law.”
In a statement, Smith thanked Barrasso and Lummis for their support. He also gave a nod to Trump, who nominated him for the post and endorsed him during his Senate run for the Wyoming Legislature.
Barrasso and Lummis both voted in favor of Smith’s confirmation on Monday. Wyoming’s congressional delegation didn’t respond to questions about Smith’s confirmation or the dismissed indictments by publishing time.
This article has been updated with comments from Smith.
Just what we need another MAGA Jan. 6th in office who even says he has no experience in appearing in court for a criminal or civil case, questioning witnesses before a grand jury or applying for a warrant. They must have scraped this guy off Barrasso’s shoe.
Smith’s egregious misconduct doesn’t count in DC, only his MAGA status. They really scraped the bottom of the barrel to find this guy.
Barrasso, Lummis and Hageman took their thinking caps off long ago. Blind allegiance to Trump makes their jobs a lot easier–and a majority of Wyoming voters seem happy with that. Which is just nuts.
Yet another prime example of the cowardice of Wyoming’s three congressional cowards, the Three Stooges, Larry (John), Curly (Cynthia), and Moe (Harriet) in supporting Smith’s nomination to serve as the U.S. Attorney for Wyoming. What a disgrace these three are. Larry and Curly voted to confirm this clown Smith even after Smith’s misconduct and incompetence resulted in the dismissal of nine felony counts, including murder. To make matters worse, the Three Stooges voted to confirm Smith even after he admitted himself that he had no experience appearing in court for a criminal or civil case, questioning witnesses before a grand jury or applying for a warrant. Larry and Curly have some explaining to do on why they voted to confirm Smith. Will they? Hell no the congressional cowards won’t. They will be content attending pancake breakfasts and parades. And Barrasso will focus his reelection campaign appearances at his favorite campaign venues, funerals.
Incompetent, corrupt, lack of experience and confirmed by our ‘representatives’. All Smith needed was fealty to Trump and he gains the vocal support of Barrasso, Lummis and Hageman. Murderers and other criminals walk free because of his incomprehensible lack of knowledge and the party that bills itself as law and order types prove their consistency of the opposite again and again. Wyoming citizens deserve so much more and we have a state full of lawyers who actually know the law
How can there possibly be any faith in the justice system when for one, this happens, two, the U.S. Senate knows full well what happened and votes to keep him as Wyoming’s sole U.S. Attorney. It is appalling! I have never taken a law class in my life but I do have enough common sense to know what it means to “sway” or “taint” a jury! Barrasso and Lummis should be out for even considering this appointment. Now they stand behind blatant misconduct of justice! And the U.S. Senate? How is this even possible?
I guess some people wonder how our country and state has become so corrupt. It’s right there in front of you, from the president on down the line.