Just hours before a crucial Senate vote, three federal judges dismissed nine criminal indictments of “inflammatory and inappropriate” behavior during grand jury proceedings against President Donald Trump’s nominee for US attorney in Wyoming, Darin Smith.
A federal court order revealed that Smith told grand jurors that all defendants appearing before them were “murderers,” despite only one defendant facing a murder charge.
Judges also said Smith told jurors the defendants “did what you are going to hear about” and described the cases as “slam dunks.”
The judges ultimately dismissed nine indictments involving serious charges, including murder, child pornography possession, drug distribution and firearms violations.
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Why federal judges dismissed the criminal cases?
According to the judges’ order, Smith’s comments undermined the defendants’ constitutional right to due process as they potentially created bias in the grand jury before evidence was fully presented.
Grand juries are intended to independently determine whether sufficient evidence exists to formally charge individuals with crimes.
“This is not a case where a few offhand statements were improperly sprinkled throughout the presentation of evidence in one defendant’s case,” the judges wrote in their ruling. “This misconduct began with some of the first words spoken to the grand jury.”
The US attorney’s office in Wyoming has not publicly issued a detailed response to the judges’ findings. The White House also did not immediately comment on whether Trump still supports Smith’s nomination after the ruling became public.
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Democrats question Smith’s qualifications
The shocking revelation coincides with Monday night’s Senate confirmation vote for Smith.
Democrats have previously expressed grave concerns about Smith’s nomination.
Smith, a former Republican Wyoming state legislator, has reportedly spent most of his 25-year legal career working in estate planning and has never tried a case in federal or state court, according to Democrats opposing his nomination.
His attendance at the January 6, 2021, protests in Washington has also drawn attention during the confirmation process. Smith has maintained that while he attended protests near the Capitol, he did not enter the building during the riot.
Democrats are now hoping that the revelation of Smith’s misbehavior would convince at least some Republicans to join them in preventing him from being approved as Wyoming’s top law enforcement official.
Senator Dick Durbin, the top Democrat on the Senate Judiciary Committee, also criticised Smith on Monday, calling him “wholly unqualified” to serve as Wyoming’s top federal prosecutor.
Democrats on the Senate Judiciary Committee posted on social media on Monday that “Darin Smith, a Trump nominee for U.S. Attorney, violated defendants’ right to due process by making ‘inflammatory and inappropriate’ statements before a grand jury, per federal judges.”
They added, “Indictments against nine criminal defendants were just dismissed, jeopardizing public safety.”
