President Donald Trump’s pick to be the top federal prosecutor in Wyoming committed grand jury misconduct that voids charges against several criminal defendants, a federal judge ruled on Monday — just hours before that prosecutor is set to face a confirmation vote in the Senate to serve in that role permanently.
According to Bloomberg Law, “Darin Smith, whose nomination is scheduled for a final vote in the Senate Monday, engaged in activity that gives the US District Court for the District of Wyoming ‘grave doubt that the decision to indict was free from the substantial influence of such violations,’ three US district judges wrote in a joint order May 15 dismissing indictments against nine criminal defendants.”
Specifically, according to the report, the judges found Smith made “inflammatory” remarks to grand jurors about defendants accused of serious crimes, including murder and possession of illegal child pictures.
“One prospective juror informed the court that before a grand jury proceeding was on the record and a judge present, Smith told grand jurors they would hear cases involving ‘bad guys’ who ‘did what you are going to hear about,’” said the report. “Smith, who had no previous criminal or federal litigation experience, also called the defendants ‘murderers’ and told jurors it ‘won’t take long,’ to return an indictment after reviewing the evidence presented to them, according to the juror’s affidavit.”
Grand jury proceedings are famously tilted in favor of the prosecution, with the defense typically not having an opportunity to rebut claims made by the state. However, there are still ethical conduct standards prosecutors have to follow.
This is not the first time the Trump administration has been accused of grand jury misconduct. In Alabama, a court is investigating whether Justice Department officials lied to a grand jury in order to secure fraud charges against the extremist group watchdog the Southern Poverty Law Center.
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