Controversial Trump Nominee for Wyoming Prosecutor Stirs National Debate
Darin Smith, a Republican former state lawmaker from Wyoming, is awaiting Senate confirmation to become the state's top federal prosecutor, a nomination that has ignited significant controversy due to his lack of legal experience, opposition to LGBTQ+ rights, and presence at the U.S. Capitol during the January 6 insurrection.
Nomination Advances Amid Partisan Divisions
Donald Trump initially nominated Smith for the role of U.S. attorney in Wyoming last year, with the judiciary committee advancing his candidacy in a party-line vote in January. Democrats have vehemently opposed the nomination, arguing that Smith's inexperience and ideological stance threaten fair law enforcement in a state historically linked to LGBTQ+ rights advocacy, following the 1998 murder of gay college student Matthew Shepard.
Dick Durbin, the top Democrat on the judiciary committee, condemned Smith, stating, "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." Smith has declined to comment through a spokeswoman.
Background and Legal Inexperience Under Scrutiny
Smith, admitted to the Wyoming bar in 2000, acknowledged in written submissions to the Senate judiciary committee that he had never appeared in court for criminal or civil proceedings, questioned a witness before a grand jury, or applied for a warrant prior to assuming the interim U.S. attorney role. When asked to describe significant litigated matters he handled, Smith responded that his practice focused on transactional work to avoid litigation, lacking ten such cases.
Between 2018 and his interim appointment, Smith held positions at the Family Research Council, a conservative Christian advocacy group. He expressed agreement with the organization's opposition to same-sex marriage and views on homosexuality as harmful, and he disagreed with a 2020 Supreme Court ruling protecting gay and transgender workers from discrimination.
Record on LGBTQ+ Rights and Legislative Actions
During his brief tenure in the Wyoming state senate, Smith co-sponsored bills targeting LGBTQ+ individuals, including one that would have allowed librarians to face charges for promoting obscenity and another preventing state employees from using preferred pronouns. The former was voted down, while the latter became law.
David Stacy, vice-president of government affairs at the Human Rights Campaign, 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 Involvement and Political Context
Smith confirmed to U.S. senators that he was on the Capitol grounds on January 6 but denied entering the building. He maintains that the 2020 election had imperfections and suggested the attack was escalated by agitators, stating in a questionnaire, "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 for rioters convicted of attacking police, Smith defended the presidential pardon power.
Vermont's Democratic senator Peter Welch accused Smith of rewriting history about January 6, noting, "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 U.S. attorney."
Broader Implications and Senate Dynamics
Smith's nomination occurs as Trump continues to use federal law enforcement agencies for political purposes, with U.S. attorneys playing key roles. Last year, Trump appointed Lindsey Halligan as interim U.S. attorney in Virginia despite her lack of prosecutorial experience; she later faced criticism and left after indictments were dismissed.
Senate Republicans have confirmed 31 U.S. attorneys since Trump took office, changing rules to overcome Democratic delays. Smith received endorsement from Wyoming's all-Republican congressional delegation, with senator John Barrasso praising his conservative credentials and state experience. A spokesman for Senate majority leader John Thune did not comment on when a full chamber vote might occur.
