Why It Matters
A federal judicial panel in Wyoming dismissed felony grand jury indictments against nine defendants Friday after finding that interim U.S. Attorney Darin Smith made prejudicial and improper statements to jurors — conduct the judges called “deeply concerning” and that now threatens Smith’s pending Senate confirmation.
The dismissals affect cases ranging from illegal firearms possession and drug distribution to child pornography charges, meaning serious criminal proceedings must either restart from the beginning or be abandoned entirely.
What Happened
Three federal judges — Kelly Rankin, Scott Skavdahl, and Alan Johnson — ruled that Smith’s conduct before a Casper grand jury on March 15 so thoroughly tainted the proceedings that the resulting indictments could not stand. Before a judge entered the chamber, Smith allegedly told jurors that the defendants were “bad guys” and “murderers,” and indicated that their deliberations “won’t take long.”
The nine defendants whose indictments were dismissed are Cheyenne Swett, Richard Allen, Michael Scott Hopper, Brian Joseph Johnson, Dennison Jay Antelope, Mathew Christopher Jacoby, Matthew Miller Jr., Wolf Elkins Duran, and Jose Benito Ocon.
Defense attorneys argued those statements were prejudicial and undermined the grand jury’s constitutional role as an independent, unbiased evaluator of evidence. The judges agreed, writing in a 14-page order that Smith’s conduct “began with some of the first words spoken to the grand jury” and continued through off-the-record conversations during breaks between indictments.
“The cumulative effect of the many known instances of misconduct leaves the court with grave doubt that the grand jury’s decision to indict was free from the substantial influence of such violations,” the order states.
By the Numbers
- 9 defendants whose felony indictments were dismissed
- 14 pages — length of the judges’ dismissal order
- March 15 — date of the Casper grand jury session at the center of the misconduct finding
- ~2 months — the period during which, defense attorneys allege, Smith’s office suppressed knowledge of the misconduct before it became public
- 3 federal judges on the panel that issued the ruling
Dismissal Without Prejudice — For Now
The judges stayed their dismissal order through Wednesday, giving Smith’s office an opportunity to contest the ruling before it takes effect. The dismissals were issued without prejudice, meaning prosecutors could theoretically reconvene a new grand jury and refile the cases with a clean slate.
Smith’s office declined to comment, pointing reporters to statements already filed in the court record.
Defense attorneys moved quickly after the order was filed, asking the panel to reconsider and make the dismissals permanent. They also asked, in the alternative, that Smith be formally disciplined and that his entire office be disqualified from handling these cases going forward — an extraordinary remedy they described as necessary given what they called a systemic, institution-wide failure.
The defense filings allege that an assistant U.S. attorney witnessed Smith’s improper comments, and that knowledge of the misconduct was deliberately withheld from the court for nearly two months. “The government’s own filing reveals that the misconduct was known to multiple attorneys and deliberately withheld,” the motions state. Defense lawyers are asking that the cases be transferred to the Justice Department in Washington or to a separate U.S. attorney’s office.
Confirmation Fight Looms
The timing is politically significant. Smith faces a full Senate confirmation vote next week. His nomination — made by former Attorney General Pam Bondi — has already drawn scrutiny over allegations of professional incompetence and his presence at the January 6, 2021, Capitol riot. The Senate Judiciary Committee advanced his nomination along party lines.
Wyoming’s two Republican senators, John Barrasso and Cynthia Lummis, have previously supported Smith’s nomination. Neither responded to questions about whether Friday’s ruling would affect their votes.
Zoom Out
The case highlights ongoing tensions around the quality and conduct of Trump administration U.S. attorney nominations, several of which have faced confirmation difficulties or legal controversies. Grand jury misconduct dismissals at this scale — covering nine separate defendants across multiple charge categories — are rare in federal court and typically require a finding of pervasive, not incidental, impropriety.
For more on federal policy affecting Wyoming, see recent coverage of federal efforts to protect Wyoming woolgrowers’ lambs from golden eagles and a Bureau of Land Management investigation into copper line removal near sage grouse habitat.
What’s Next
Smith has until Wednesday to contest the dismissal order. If he does not, or if the judges reject his challenge, prosecutors would need to decide whether to empanel a new grand jury to refile charges. Separately, the panel of judges must still rule on defense motions seeking permanent dismissal, Smith’s disqualification, and a referral to the Justice Department for disciplinary proceedings. The Senate confirmation vote is expected within days.