The Senate is considering the confirmation of Darin Smith as the top federal prosecutor in Wyoming, despite concerns raised by Democrats regarding his qualifications and potential biases. Smith, a former state senator, was nominated by Donald Trump last year and advanced through the judiciary committee on a party-line vote in January.
Concerns Over Qualifications and Background
Smith has no prior experience in criminal or federal litigation, a point emphasized by critics. Dick Durbin, the top Democrat on the judiciary committee, stated Smith is “an unqualified insurrectionist” and questioned his ability to fairly uphold the rule of law. In written responses to the Senate judiciary committee, Smith acknowledged he had never before appeared in court as part of a criminal or civil proceeding.
Beyond his lack of litigation experience, Smith’s record on LGBTQ+ rights is under scrutiny. He expressed disagreement with a 2020 Supreme Court ruling protecting gay and transgender workers from discrimination and previously criticized a Wyoming bill aimed at banning employment discrimination against LGBTQ+ individuals. Between 2018 and his interim appointment, Smith held positions at the Family Research Council, an organization that opposes same-sex marriage and considers homosexuality “harmful.”
Connection to January 6th and Broader Trends
Smith was present on the grounds of the Capitol on January 6, though he maintains he did not enter the building. He believes the attack was instigated by unnamed actors and that the 2020 election was affected by “imperfections.” He also stated that the Constitution grants the president the power to pardon individuals convicted of offenses against the United States.
This nomination follows a trend of Senate Republicans confirming 31 US attorneys since Trump took office, after changing chamber rules to overcome Democratic opposition. The appointment of Halligan, who brought charges against political opponents of Trump, was later overturned by a federal judge and she subsequently left her position.
What Happens Next?
Smith’s nomination is currently before the full Senate for a vote. Democrats will attempt to delay or block the confirmation, but given the recent rule changes, Republicans may have the votes to confirm him. If confirmed, Smith would become the top federal prosecutor in Wyoming. If not, the position will remain vacant, and the President may nominate another candidate.
Frequently Asked Questions
What is Darin Smith’s professional background?
Darin Smith is a former Wyoming state senator who was admitted to the Wyoming bar in 2000. He has primarily focused on counseling, planning, and transactional function, and has no experience in criminal or federal litigation.
What was Smith’s position on the January 6th events?
Smith stated he was on the grounds of the Capitol on January 6 but did not enter the building. He believes the attack was instigated by unnamed actors and that the 2020 election had “imperfections.”
What concerns have been raised about Smith’s views on LGBTQ+ rights?
Smith has expressed opposition to same-sex marriage and has stated a belief that homosexuality is “harmful.” He also criticized a Wyoming bill that would have banned employment discrimination against LGBTQ+ individuals.
Given the contentious nature of this nomination, what role will political polarization play in the final outcome?
