Dems to Darin Smith: “Not qualified” — and Jan. 6 is the dealbreaker

Democratic senators tore into Darin Smith, the Trump administration’s pick to be US attorney for Wyoming, calling him an unqualified MAGA loyalist and saying his record — especially his support for Jan. 6 — should knock him out of contention, Oil City News reports.

At a Senate Judiciary Committee hearing Thursday, Sens. Dick Durbin (Illinois) and Peter Welch (Vermont) urged colleagues to vote no, arguing Smith lacks basic credentials for the job and has promoted false or inflammatory claims tied to the Capitol riot, Liz Cheney and Vice President Kamala Harris.

“There’s got to be some standard of qualification to give this kind of power to an individual who has no background, none whatsoever, when it comes to criminal or federal court experience,” Durbin said. “Mr. Smith … is not remotely qualified to be a US Attorney.”

Welch was even more blunt about Jan. 6.

“His words in support of Jan. 6 are disqualifying for him to serve as US attorney,” Welch said. “I mean, seriously, what are we doing?”

Despite the fireworks, the nomination moved forward anyway. The committee voted 12–10 along party lines to advance Smith to the full Senate. A spokesperson for Smith said the Senate is expected to confirm him this month. Smith declined further comment.

Wyoming’s all-Republican congressional delegation has been firmly in Smith’s corner since Attorney General Pam Bondi tapped him earlier this year. Sen. John Barrasso called him “well-qualified.” Sen. Cynthia Lummis said Smith has the “experience and values” for the role. Rep. Harriet Hageman backed him too, saying she trusts he’ll “uphold the rule of law, defend Wyoming values, and work tirelessly to keep our communities safe.”

Durbin’s response: absolutely not.

He called the nomination “a mockery of the nomination process,” arguing Smith’s résumé doesn’t match the job. Durbin said Smith has no criminal or federal court experience and has never tried a case to a verdict, judgment, or final decision. He also noted that when asked to list significant legislation Smith had worked on, Smith allegedly left it blank.

Smith is a lawyer and former Laramie County GOP chairman who ran — unsuccessfully — against Rep. Liz Cheney in the 2021 Republican primary. He later won a seat in the Wyoming Senate in 2024, representing Platte and parts of Laramie counties, but resigned after Bondi appointed him interim US attorney. Taft Love replaced him in the state Senate.

When he was first appointed, Smith struck the standard tone, saying he was “honored” and looking forward to working with law enforcement partners “to protect the public and defend the interests of the United States.”

Thursday, that polite script got shredded.

Durbin hammered Smith over his presence on Capitol grounds on Jan. 6, 2021. He didn’t accuse Smith of storming the building or assaulting anyone — but he argued Smith has since echoed narratives that downplay the violence and shift blame onto law enforcement.

Durbin said Smith has claimed Capitol Police were guilty of “massive incompetence,” suggested rioters were “victims of entrapment,” and supported pardons for people convicted over Jan. 6.

Welch zeroed in on the same point — and made it personal to the injured officers.

“I categorically reject that cop beaters should be pardoned,” Welch said, arguing the country is “rewriting history” about what happened and “forgetting that 150 officers were injured that day.”

Welch acknowledged Smith did not enter the Capitol, but said that didn’t solve the underlying issue: Smith showed up in support of what became a violent effort to stop the democratic process, and then defended the rioters afterward.

“So he’s blaming the police officers for what the assailants did,” Welch said. “Every one of us, [in] my view, should condemn that language.”

Welch also pointed to the committee’s earlier rejection of Ed Martin for the US attorney job in Washington, DC, citing Martin’s Jan. 6 ties. The implication was obvious: if that nomination was too hot to touch, why is this one moving?

Durbin’s critique didn’t stop at Jan. 6.

He alleged Smith made false claims that FBI agents who interviewed him about Jan. 6 were sent by “Liz Cheney and her goons.” Durbin also said Smith “baselessly accused Vice President Harris of being a murderer.” Durbin added he was concerned by Smith’s views on LGBTQ protections, due process for non-citizens, and other issues.

In short: Durbin argued this wasn’t just about qualifications — it was about judgment.

While the Senate fights over whether Smith should keep the job permanently, he’s effectively already doing it.

Smith has been representing the federal government in Wyoming — including criminal cases and civil litigation — since his interim appointment. According to DOJ information, Bondi named him interim US attorney in August and he took the oath Aug. 11. That interim term lasted 120 days and expired Dec. 9.

But he didn’t have to pack up his office.

On Dec. 4, Wyoming Chief US District Judge Kelly Rankin extended Smith’s appointment under the Federal Vacancies Reform Act, letting him stay on “until the vacancy is filled.”

That matters because the administration has already taken bruises elsewhere over acting appointments. In New Jersey, interim US attorney Alina Habba resigned Dec. 8 after lawsuits argued she was serving unlawfully — and the 3rd Circuit ruled Dec. 1 that she wasn’t eligible to serve as acting US attorney beyond the law’s limits.

Rankin’s extension for Smith appears designed to avoid that kind of legal mess in Wyoming — even as the political one grows louder.

Now it’s headed to the full Senate, where the real question isn’t whether Democrats will be convinced — they won’t — but whether Republicans are willing to absorb the controversy and confirm him anyway.

Durbin and Welch are betting the Jan. 6 issue still has the power to sink a nomination. The committee vote suggests GOP senators think it doesn’t — at least not anymore.