Senate Confirms Darin Smith As US Attorney Days After ‘Flagrant’ Misconduct Finding

The U.S. Senate voted 46-43 Monday to confirm Darin Smith as Wyoming’s top federal prosecutor for the next four years, just four days after all three sitting judges of the U.S. District Court for Wyoming dismissed nine felony cases, citing “flagrant” misconduct by Smith that prejudiced nine defendants. One of those cases contained a first-degree murder charge. Wyoming’s two Republican U.S. Sens. John Barrasso and Cynthia Lummis both voted in Smith’s favor.

Smith had ingratiated himself with grand jurors at an indictment proceeding in March, called prospective defendants “murderers” and “bad people,” and called the cases “slam dunks,” court documents say. The judges dismissed the cases “without prejudice,” meaning the government can bring charges again, and they paused their order until Wednesday to give Smith’s office time to appeal. Defense attorneys are urging the judges to reconsider and dismiss the cases altogether, writing that “this Court retains the inherent supervisory power to dismiss an indictment with prejudice when prosecutorial misconduct is flagrant, widespread, or continuous.”

Smith told Cowboy State Daily he is “deeply honored and grateful” for the confirmation. “Wyoming is a state defined by its rugged independence, strong communities, and steadfast respect for the rule of law,” he said. “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 thanked Trump, Barrasso, Lummis, and “the dedicated men and women of this office.”

Five attorneys have left or are leaving the office since Smith began working as interim U.S. Attorney last August, including four who left within the past month. Of the exodus, Smith said, “There’s always going to be some turnover in a large office like ours. We are a top-tier district by every metric, and we’re improving every week.”

The Northern Arapaho Business Council, which is the executive branch of the Northern Arapaho Tribe, opposed Smith’s confirmation, stating, “The Tribe finds these actions deeply troubling and inconsistent with the solemn responsibility entrusted to the United States Attorney’s Office. The stakes on the Wind River Reservation are far too high for carelessness.” The Eastern Shoshone Tribe also issued a statement opposing the confirmation. Tribal members implicated in felony crimes on the reservation are generally prosecuted by the Wyoming-based U.S. Attorney, meaning the president, not the people, chooses the top prosecutor.

The judges’ Friday order stated that Smith’s statements “cannot be downplayed as ‘perhaps overly informal and friendly’ conversation. They were inflammatory and inappropriate. And, until proven guilty, they are incorrect.” The judges noted that by providing “the business card of a high-ranking government official” and inviting grand jurors to reach out to him, Smith “appears to curry favor with the grand jurors.” The misconduct “continued to permeate the proceedings in the off-record conversations, occurring on the breaks between indictments. This is deeply concerning.”

Defense attorneys argued that the outcome “inadvertently rewards the United States Attorney’s Office for an institutional cover-up” and that the misconduct “was not an isolated lapse in judgment by a single attorney; it metastasized into systemic, institutional failure.” Multiple attorneys knew about the misconduct as early as March and did not notify the court until May 8. The nine dismissed indictments include charges of murder, unlawful firearm possession, child pornography, and drug distribution.