{"id":150210,"date":"2026-05-03T13:50:01","date_gmt":"2026-05-03T21:50:01","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/05\/03\/trump-u-s-attorney-pick-may-lack-trial-experience-but-was-january-6-protestor\/"},"modified":"2026-05-03T13:50:01","modified_gmt":"2026-05-03T21:50:01","slug":"trump-u-s-attorney-pick-may-lack-trial-experience-but-was-january-6-protestor","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/05\/03\/trump-u-s-attorney-pick-may-lack-trial-experience-but-was-january-6-protestor\/","title":{"rendered":"Trump U.S. Attorney Pick May Lack Trial Experience, But Was January 6 Protestor!"},"content":{"rendered":"<p>Donald Trump\u2019s nominee for U.S. Attorney for the District of Wyoming, Darin Smith, is an estate planning lawyer <a href=\"https:\/\/www.nytimes.com\/2026\/04\/27\/opinion\/trump-attorney-general.html\" rel=\"nofollow noopener\" target=\"_blank\">who has never tried a federal or state case<\/a>. But he does boast the most important qualification \u2014 at least for this Department of Justice \u2014 to uphold law and order: he <a href=\"https:\/\/www.huffpost.com\/entry\/trump-unqualified-us-attorneys-jan-6_n_69f3bcc9e4b0db8899bbe85e\" rel=\"nofollow noopener\" target=\"_blank\">participated in January 6<\/a>. While Todd Blanche and Kash Patel struggle to explain how Jim Comey <a href=\"https:\/\/abovethelaw.com\/2026\/04\/james-comey-indicted-for-playing-with-sea-shells-in-new-low-point-for-doj-integrity\/\" rel=\"nofollow noopener\" target=\"_blank\">building a seashell display on vacation<\/a> amounts to a true threat to commit political violence, they are moving forward with installing a guy who marched with rioters who battered a cop and threatened to kill Mike Pence as the top federal law enforcement official in Wyoming. He\u2019s already the interim U.S. Attorney, and says he never entered the Capitol itself, so the Senate is poised to move ahead and make this permanent. <\/p>\n<p>It\u2019s nice to hear that he didn\u2019t personally partake in smearing feces on the Capitol walls or build any gallows, but he did show up for a protest for the explicit purpose of disenfranchising voters, so\u2026 still not great.<\/p>\n<p>But Smith is only one of a package of proposed prosecutors. Huffington Post explains:<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Another nominee in the mix is Phillip Williams, who is up for a U.S. attorney post in the Northern District of Alabama. Like Smith, he\u2019s never tried a criminal case. He previously criticized federal law enforcement for having \u201chunted down\u201d Jan. 6 rioters, and accused them of \u201cprosecutorial abuse, many, many times over.\u201d He also compared their prosecutions to the Salem witch trials of the late 1600s, when people were falsely accused of witchcraft.<\/p>\n<\/blockquote>\n<p>See, now, the problem with that comparison is that we only had rumors about what Goody Proctor got up to, but WE ALL GOT PICS OF THIS SHIT:<\/p>\n<figure class=\"wp-block-image aligncenter size-full\"><img data-recalc-dims=\"1\" decoding=\"async\" loading=\"lazy\" width=\"594\" height=\"396\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2021\/03\/GettyImages-1230454306.jpg?resize=594%2C396&#038;ssl=1\" alt=\"\" class=\"wp-image-79412\" title=\"\"><figcaption class=\"wp-element-caption\">(Photo by Samuel Corum\/Getty Images)<\/figcaption><\/figure>\n<p>Not to mention video of rioters busting through gates and pummeling police.<\/p>\n<p>Rounding out a trio of election deniers up for plum assignments is former GOP congressman Dan Bishop, slotted for the a U.S. Attorney post in North Carolina. He was also at the Capitol on January 6, but on the inside, voting to overturn the election results despite the lack of any credible evidence that the results weren\u2019t true and valid. And, of course, when you want a law and order type, you obviously want someone who watched a mob attack the building threatening to murder officials and then goes ahead and votes to validate their antics. It\u2019s all right though, because Bishop has said that \u201cthe left\u201d was behind January 6. <\/p>\n<p>Which must be news to Smith.<\/p>\n<p>The structural problem here is bigger than any of these three yo-yos personally. U.S. Attorneys wield enormous power because deciding who gets prosecuted with the full force of the federal government, and how aggressively, is the whole ball game for many defendants. It\u2019s a tremendous amount of discretionary power in the hands of lawyers better suited to setting up trust funds than running a prosecutorial office. And attending January 6 many not disqualify someone from being a citizen in a democracy, but it absolutely should disqualify them from passing judgment on who has and has not committed a crime. <\/p>\n<p>The Trump administration has been normalizing these bottom of the barrel picks for over a year. From the early days of <a href=\"https:\/\/abovethelaw.com\/2025\/02\/u-s-attorney-ed-martin-blows-past-another-ethical-line\/\" rel=\"nofollow noopener\" target=\"_blank\">January 6 fluffer Ed Martin<\/a> through the <a href=\"https:\/\/abovethelaw.com\/2025\/11\/lindsey-halligan-manages-to-lose-two-cases-at-once-which-is-honestly-impressive\/\" rel=\"nofollow noopener\" target=\"_blank\">whole Lindsey Halligan debacle<\/a>, this Justice Department prizes loyalty over competence. And in Trumpland there\u2019s no greater badge of loyalty than January 6th bona fides.<\/p>\n<p>Alas, HuffPo reports that GOP Senators \u201call but shrugged\u201d when asked about the nominees. So, congratulations on your new jobs, guys! <\/p>\n<p><a href=\"https:\/\/www.huffpost.com\/entry\/trump-unqualified-us-attorneys-jan-6_n_69f3bcc9e4b0db8899bbe85e?g579\" rel=\"nofollow noopener\" target=\"_blank\">Senate Moves Forward With 3 Wildly Unfit Nominees To Be Trump\u2019s U.S. Attorneys<\/a> [Huffington Post]<\/p>\n<hr>\n<p><strong><em><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" class=\"alignright wp-image-443318\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2016\/11\/Headshot-300x200.jpg?resize=192%2C128&#038;ssl=1\" alt=\"Headshot\" width=\"192\" height=\"128\" title=\"\"><a href=\"http:\/\/abovethelaw.com\/author\/joe-patrice\/\" target=\"_blank\" rel=\"noopener nofollow\">Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of <a href=\"http:\/\/legaltalknetwork.com\/podcasts\/thinking-like-a-lawyer\/\" target=\"_blank\" rel=\"noopener nofollow\">Thinking Like A Lawyer<\/a>. Feel free to\u00a0<a href=\"mailto:joepatrice@abovethelaw.com\">email<\/a> any tips, questions, or comments. Follow him on\u00a0<a href=\"https:\/\/twitter.com\/josephpatrice\" target=\"_blank\" rel=\"noopener nofollow\">Twitter<\/a>\u00a0or <a href=\"https:\/\/bsky.app\/profile\/joepatrice.bsky.social\" rel=\"noopener nofollow\" target=\"_blank\">Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a <a href=\"https:\/\/www.rpnexecsearch.com\/josephpatrice\" target=\"_blank\" rel=\"noopener nofollow\">Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n<p>The post <a href=\"https:\/\/abovethelaw.com\/2026\/05\/trump-u-s-attorney-pick-may-lack-trial-experience-but-was-january-6-protestor\/\" rel=\"nofollow noopener\" target=\"_blank\">Trump U.S. Attorney Pick May Lack Trial Experience, But Was January 6 Protestor!<\/a> appeared first on <a href=\"https:\/\/abovethelaw.com\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Law<\/a>.<\/p>\n<p>Donald Trump\u2019s nominee for U.S. Attorney for the District of Wyoming, Darin Smith, is an estate planning lawyer <a href=\"https:\/\/www.nytimes.com\/2026\/04\/27\/opinion\/trump-attorney-general.html\" rel=\"nofollow noopener\" target=\"_blank\">who has never tried a federal or state case<\/a>. But he does boast the most important qualification \u2014 at least for this Department of Justice \u2014 to uphold law and order: he <a href=\"https:\/\/www.huffpost.com\/entry\/trump-unqualified-us-attorneys-jan-6_n_69f3bcc9e4b0db8899bbe85e\" rel=\"nofollow noopener\" target=\"_blank\">participated in January 6<\/a>. While Todd Blanche and Kash Patel struggle to explain how Jim Comey <a href=\"https:\/\/abovethelaw.com\/2026\/04\/james-comey-indicted-for-playing-with-sea-shells-in-new-low-point-for-doj-integrity\/\" rel=\"nofollow noopener\" target=\"_blank\">building a seashell display on vacation<\/a> amounts to a true threat to commit political violence, they are moving forward with installing a guy who marched with rioters who battered a cop and threatened to kill Mike Pence as the top federal law enforcement official in Wyoming. He\u2019s already the interim U.S. Attorney, and says he never entered the Capitol itself, so the Senate is poised to move ahead and make this permanent. <\/p>\n<p>It\u2019s nice to hear that he didn\u2019t personally partake in smearing feces on the Capitol walls or build any gallows, but he did show up for a protest for the explicit purpose of disenfranchising voters, so\u2026 still not great.<\/p>\n<p>But Smith is only one of a package of proposed prosecutors. Huffington Post explains:<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Another nominee in the mix is Phillip Williams, who is up for a U.S. attorney post in the Northern District of Alabama. Like Smith, he\u2019s never tried a criminal case. He previously criticized federal law enforcement for having \u201chunted down\u201d Jan. 6 rioters, and accused them of \u201cprosecutorial abuse, many, many times over.\u201d He also compared their prosecutions to the Salem witch trials of the late 1600s, when people were falsely accused of witchcraft.<\/p>\n<\/blockquote>\n<p>See, now, the problem with that comparison is that we only had rumors about what Goody Proctor got up to, but WE ALL GOT PICS OF THIS SHIT:<\/p>\n<figure class=\"wp-block-image aligncenter size-full\"><img data-recalc-dims=\"1\" decoding=\"async\" loading=\"lazy\" width=\"594\" height=\"396\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2021\/03\/GettyImages-1230454306.jpg?resize=594%2C396&#038;ssl=1\" alt=\"\" class=\"wp-image-79412\" title=\"\"><figcaption class=\"wp-element-caption\">(Photo by Samuel Corum\/Getty Images)<\/figcaption><\/figure>\n<p>Not to mention video of rioters busting through gates and pummeling police.<\/p>\n<p>Rounding out a trio of election deniers up for plum assignments is former GOP congressman Dan Bishop, slotted for the a U.S. Attorney post in North Carolina. He was also at the Capitol on January 6, but on the inside, voting to overturn the election results despite the lack of any credible evidence that the results weren\u2019t true and valid. And, of course, when you want a law and order type, you obviously want someone who watched a mob attack the building threatening to murder officials and then goes ahead and votes to validate their antics. It\u2019s all right though, because Bishop has said that \u201cthe left\u201d was behind January 6. <\/p>\n<p>Which must be news to Smith.<\/p>\n<p>The structural problem here is bigger than any of these three yo-yos personally. U.S. Attorneys wield enormous power because deciding who gets prosecuted with the full force of the federal government, and how aggressively, is the whole ball game for many defendants. It\u2019s a tremendous amount of discretionary power in the hands of lawyers better suited to setting up trust funds than running a prosecutorial office. And attending January 6 many not disqualify someone from being a citizen in a democracy, but it absolutely should disqualify them from passing judgment on who has and has not committed a crime. <\/p>\n<p>The Trump administration has been normalizing these bottom of the barrel picks for over a year. From the early days of <a href=\"https:\/\/abovethelaw.com\/2025\/02\/u-s-attorney-ed-martin-blows-past-another-ethical-line\/\" rel=\"nofollow noopener\" target=\"_blank\">January 6 fluffer Ed Martin<\/a> through the <a href=\"https:\/\/abovethelaw.com\/2025\/11\/lindsey-halligan-manages-to-lose-two-cases-at-once-which-is-honestly-impressive\/\" rel=\"nofollow noopener\" target=\"_blank\">whole Lindsey Halligan debacle<\/a>, this Justice Department prizes loyalty over competence. And in Trumpland there\u2019s no greater badge of loyalty than January 6th bona fides.<\/p>\n<p>Alas, HuffPo reports that GOP Senators \u201call but shrugged\u201d when asked about the nominees. So, congratulations on your new jobs, guys! <\/p>\n<p><a href=\"https:\/\/www.huffpost.com\/entry\/trump-unqualified-us-attorneys-jan-6_n_69f3bcc9e4b0db8899bbe85e?g579\" rel=\"nofollow noopener\" target=\"_blank\">Senate Moves Forward With 3 Wildly Unfit Nominees To Be Trump\u2019s U.S. Attorneys<\/a> [Huffington Post]<\/p>\n<hr>\n<p><strong><em><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" class=\"alignright wp-image-443318\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2016\/11\/Headshot-300x200.jpg?resize=192%2C128&#038;ssl=1\" alt=\"Headshot\" width=\"192\" height=\"128\" title=\"\"><a href=\"http:\/\/abovethelaw.com\/author\/joe-patrice\/\" target=\"_blank\" rel=\"noopener nofollow\">Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of <a href=\"http:\/\/legaltalknetwork.com\/podcasts\/thinking-like-a-lawyer\/\" target=\"_blank\" rel=\"noopener nofollow\">Thinking Like A Lawyer<\/a>. Feel free to\u00a0<a href=\"mailto:joepatrice@abovethelaw.com\">email<\/a> any tips, questions, or comments. Follow him on\u00a0<a href=\"https:\/\/twitter.com\/josephpatrice\" target=\"_blank\" rel=\"noopener nofollow\">Twitter<\/a>\u00a0or <a href=\"https:\/\/bsky.app\/profile\/joepatrice.bsky.social\" rel=\"noopener nofollow\" target=\"_blank\">Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a <a href=\"https:\/\/www.rpnexecsearch.com\/josephpatrice\" target=\"_blank\" rel=\"noopener nofollow\">Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n<p>The post <a href=\"https:\/\/abovethelaw.com\/2026\/05\/trump-u-s-attorney-pick-may-lack-trial-experience-but-was-january-6-protestor\/\" rel=\"nofollow noopener\" target=\"_blank\">Trump U.S. Attorney Pick May Lack Trial Experience, But Was January 6 Protestor!<\/a> appeared first on <a href=\"https:\/\/abovethelaw.com\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Donald Trump\u2019s nominee for U.S. Attorney for the District of Wyoming, Darin Smith, is an estate planning lawyer who has never tried a federal or state case. But he does boast the most important qualification \u2014 at least for this Department of Justice \u2014 to uphold law and order: he participated in January 6. While [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":150211,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-150210","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2026\/05\/Headshot-300x200-FJEoMm.jpg?fit=300%2C200&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/150210","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=150210"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/150210\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/150211"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=150210"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=150210"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=150210"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}