The Senate confirmed President Donald Trump’s nominee, Darin Smith, as U.S. attorney for Wyoming in a 46–43 vote, even after federal judges dismissed charges in nine criminal cases for “deeply concerning” misconduct involving the grand jury.
For Darin Smith, the moment turned on a narrow margin. In a 46–43 vote, the Senate confirmed President Donald Trump’s nominee to serve as Wyoming’s top federal prosecutor, even as critics pointed to what federal judges called misconduct that led them to throw out charges in multiple cases.
The judges dismissed charges in nine criminal cases after finding that Smith improperly influenced grand jury proceedings. In their view, the conduct reached beyond the kind of isolated misstep that can be brushed off. They described his behavior as “deeply concerning” and said it compromised the integrity of the process from the beginning.
Those cases covered allegations ranging from murder and child p********** possession to drug distribution and illegal firearm possession. In the account cited by critics. federal judges found Smith engaged in language and conduct that colored the proceedings before jurors had even heard the evidence. HuffPost reported Smith allegedly referred to defendants as “murderers” and “bad guys” before jurors even though only one defendant faced a murder charge. The reporting also cited that Smith told jurors the defendants “did what you are going to hear about” and characterized cases as “slam dunks.”.
The court’s criticism didn’t stop at the grand jury room. The judges also pointed to off-the-record conversations with jurors on breaks between charges. along with Smith distributing his business card outside formal proceedings. In one line that landed hard with prosecutors and defense lawyers alike. the judges wrote that the misconduct began with “some of the first words spoken to the grand jury” and continued during “off-the-record conversations on breaks between charges.”.
As the controversy surged. the focus shifted from courtroom decisions to whether Smith should be entrusted with the federal job at all. Senate Judiciary Committee Democrats pressed Republicans to reject the nomination. arguing the misconduct violated defendants’ due process rights and warning that the dismissal of nine criminal cases could threaten public safety.
“Darin Smith, a Trump pick for U.S. attorney, violated defendants’ right to due process by making ‘provocative and inappropriate’ statements before a grand jury, per federal judges,” the committee said in a recent statement.
Supporters pushed back. Wyoming Republican Sens. John Barrasso and Cynthia Lummis, along with Rep. Harriet Hageman, backed Smith’s confirmation.
The vote completes the Senate’s decision in the face of a judicial record that. according to multiple federal judges. unfolded at the start of grand jury proceedings and continued through the process outside formal court settings. For those who watched the nomination unfold. the numbers were the final headline—but the dismissed cases remain the central argument.
Darin Smith Trump pick U.S. attorney for Wyoming Senate vote 46-43 grand jury misconduct deeply concerning misconduct federal judges dismissed cases due process rights John Barrasso Cynthia Lummis Harriet Hageman