Outcry Over Trump Nominee for Wyoming US Attorney: Critics Call Him an 'Unqualified Insurrectionist'

A controversial nomination is drawing national attention as Darin Smith, a Republican former Wyoming state senator, awaits Senate confirmation to become the U.S. attorney for the District of Wyoming. Critics say Smith lacks courtroom experience, has a record of opposing LGBTQ+ protections, and was present on the U.S. Capitol grounds on January 6.

Qualifications Under Fire

President Donald Trump first nominated Smith last year. The Senate Judiciary Committee advanced the nomination along party lines in January, but the full Senate has not yet voted. Smith served briefly as the interim U.S. attorney after resigning a state senate seat he had won the previous year.

Smith was admitted to the Wyoming bar in 2000, but in written answers to the Judiciary Committee he acknowledged he had never before personally appeared in court in a criminal or civil proceeding, questioned a witness before a grand jury, or applied for a warrant. When asked to list the “10 most significant litigated matters which you personally handled,” he said his practice emphasized counseling, planning and transactional work and that he had not personally handled ten litigated matters that reached final judgment or verdict.

Political Views And Civil-Rights Concerns

Between 2018 and his appointment as interim U.S. attorney, Smith held positions with the Family Research Council, a conservative Christian advocacy group. He told senators he agreed with the council's opposition to same-sex marriage and its view that homosexuality was "harmful." He also said he disagreed with the U.S. Supreme Court's 2020 ruling that bars employers from discriminating against LGBTQ+ workers.

During a short tenure in the Wyoming legislature, Smith cosponsored bills that would have exposed librarians to charges for "promoting obscenity" and that barred state employees from being required to use coworkers' preferred pronouns. The librarians bill failed in committee; the pronoun-related provision became law.

“Darin Smith has spent his career obsessed with making life worse for LGBTQ+ people... Wyoming deserves better than tired anti-LGBTQ+ hate at the helm of federal law enforcement.”

— David Stacy, Vice President of Government Affairs, Human Rights Campaign

January 6 And Statements About The Election

Smith told senators that he was on the Capitol grounds on January 6 but said he did not enter the building. In his questionnaire he suggested parts of the attack were driven by "agitators" who escalated tensions and compared the situation to "conditions resembling entrapment." He also said the 2020 election was affected by "imperfections."

“Darin Smith is an unqualified insurrectionist with no experience in federal or criminal litigation... there are serious doubts about his ability to fairly uphold the rule of law for all Americans.”

— Senator Dick Durbin, Top Democrat, Senate Judiciary Committee

Context: Politics Of U.S. Attorney Appointments

Democrats and civil-rights advocates raise alarms that Smith's views and lack of prosecutorial experience fit a broader pattern under the Trump administration of appointing loyalists to federal law enforcement roles. Critics point to recent instances in which inexperienced interim appointees brought politically charged prosecutions that were later dismissed.

Smith has received endorsements from Wyoming's all-Republican congressional delegation. Senator John Barrasso praised Smith's state legislative experience and years practicing law in Wyoming, calling him a "solid, conservative choice." Smith's spokeswoman declined further comment.

What Comes Next

The nomination remains pending before the full Senate. Supporters emphasize Smith’s conservative credentials and local ties; opponents stress his lack of courtroom experience, his positions on LGBTQ+ rights, and his statements about January 6 as reasons the full Senate should reject the nomination.