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Full Breakdown

Darin Smith Confirmed as U.S. Attorney for Wyoming Amid Controversy

5/22/2026, 12:19:08 AM

Confirmation and Interim Tenure

On May 20, 2026, the Senate confirmed Darin Smith as U.S. Attorney for Wyoming. Smith had served as interim U.S. Attorney after a July 2025 Trump appointment, despite no courtroom or litigation experience beyond a law-school internship. Senate hearings flagged his lack of trial experience.

Legislative and Advocacy Background

Before joining the Justice Department, Smith was a Wyoming state senator who co-sponsored House Bill 0194, the “Obscenity amendments,” which would criminalize drag shows and remove librarian exemptions, and SF0062, requiring school restrooms match sex assigned at birth; the governor signed SF0062 in March 2025. He also served as Director of Planned Giving for the Family Research Council, which opposes LGBTQ protections.

Grand Jury Dismissals

As interim U.S. Attorney, Smith told a grand jury the defendants were “bad guys” and “murderers,” comments the U.S. Attorney’s Office called “ill-advised.” The grand jury dismissed indictments against nine individuals on charges of firearm possession, drug distribution, and child-pornography.

Official Statements

The Wyoming U.S. Attorney’s Office called Smith’s comments “ill-advised.” Senate Judiciary Committee Democrats, via Josh Sorbe, questioned his qualifications, and Human Rights Campaign VP David Stacy cited his anti-LGBTQ record.

Criticism & Opposition

Senator Dick Durbin (D-IL) noted Smith’s Jan. 6 Capitol presence and his claim that police were “massively incompetent.” Critics also cited a deleted Facebook post supporting Kim Davis, arguing his anti-LGBTQ stance and inexperience undermine impartial law enforcement.

Conflicting Reports & Gaps

Smith could not recall the Kim Davis comment, leaving his view unclear. Opponents link his lack of trial experience to the nine dismissals, a link the U.S. Attorney’s Office has not quantified.

Verbatim Quotes

  • “ill-advised.” — U.S. Attorney’s Office for Wyoming
  • “We will end up having to arrest somebody for allowing a child to read the Holy Bible.” — Rep. Lee Filer (Wyoming)
  • “Anti-LGBTQ+ extremist Darin Smith has no business serving as a top law enforcement officer in any state — let alone a state with as much history of queer importance as Wyoming. He’s an unqualified insurrectionist with no experience litigating criminal or federal matters, and his bigotry puts into serious question his commitment to upholding the law for all Americans.” — Josh Sorbe, Senate Judiciary Committee Democrats
  • “Just over two decades after Matthew Shepard was brutally murdered in that same state, Wyoming deserves better than tired anti-LGBTQ+ hate at the helm of federal law enforcement.” — Editorial comment, Washington Blade

Outlook

Smith’s confirmation places him in charge of federal prosecutions in Wyoming. Advocacy groups say they will monitor his handling of LGBTQ-related cases, and congressional oversight hearings are expected to examine his qualifications and impartiality. Congressional oversight hearings are slated for later this year.