A Florida judge nominated by President Joe Biden to a federal court position in the top tier failed to disclose two cases of child sex that resulted in his lenient decisions being reversed – until now.

Embry Kidd is under fire from Republicans for omitting two cases in his nomination questionnaire. This week, the form was updated to reflect the issue. Biden nominated Kidd to fill a vacancy at the 11th Circuit Court of Appeals which oversees courts throughout Alabama, Florida and Georgia.

The Washington Examiner reported that “Not only has this become a pattern but the content of the cases disclosed late is also concerning”. Sen. Lindsey Graham, R-SC, ranking member of the Senate Judiciary Committee, said as much. These cases, with all due respect should have been revealed. When a nominee for a judge does not disclose cases that are highly relevant, it is difficult to give advice or consent.

The Washington Examiner reported that Sen. Rick Scott, R-FL, who was also concerned by the disclosures, did not “consent to Kidd being nominated as Florida’s Junior Senator.”

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Scott stated that “President Biden is continuing to nominate judges unfit to serve on the federal bench as part of his ongoing efforts to weaponize our justice system.” The Biden administration’s advice to nominees such as Judge Kidd not to disclose bad rulings about child sex abusers that were later reversed by the supervising District Judge is disgusting, unsafe, and on brand for their lawless administration.

The tension surrounding Kidd’s failure to disclose is an indication of how Republicans and the Biden administration continue to fight over judicial nominations. Adeel Mnagi, a nominee to the 3rd Circuit Court of Appeals has been slowed down for months by Democrats and Republicans who raised concerns over his revealed affiliations with leftist activists, such as at a think-tank that hosted a convicted terrorist financier. The Washington Examiner reported that Mangi had failed to disclose his involvement in a conference of anti-Israel activists. Mangi issued an apology.

This section of the Senate Judiciary Committee questionnaire asks nominees to give a summary of any prior court opinions that were “reversed” by a reviewing judge or “affirmed with significant criticisms of your substantive or procedure rulings.” It is designed to allow lawmakers to thoroughly vet nominees, as many have past ties which are open to scrutiny and can, in some instances, result in rejection from upper chamber.

Dick Durbin, a Democrat from Illinois, asked Kidd about some of the cases he presided.

I expect at least two of the decisions you make to be controversial and brought up in this committee. This is all part of the process. Durbin said to Kidd, “I know you’re prepared for it.”

Durbin’s comments, however, drew the attention of Republicans to two cases, which they claim were wrongfully left out of Kidd’s questionaire. Senate staff investigators use tools like Westlaw and LexisNexis for research. However, U.S. D’Haiti, and U.S. V. King are oral rulings, meaning that they were not included in the questionnaire.

U.S. D’Haiti was a case where the defendant was a male cheerleading coach who worked at a Florida high school in central Florida. He was arrested for possessing child pornography in 2022, according to court records. In one case, the defendant reached up and touched a minor girl’s sports bra.

Kidd, however, according to court records, chose to release the defendant in July that year based upon his “high moral character,” “ties to community” and “absence of criminal history.” A month later, another district judge reversed this order and ordered that the defendant be placed into pretrial detention based on new evidence.

In October 2023, Vigiland D’Haiti (41 years old) was sentenced to 29-years-prison for forcing a minor into producing sexually explicit material.

U.S. V. King was a second case involving a convicted sexual offender who had been charged with receiving and possessing child sex abuse materials. Kidd issued a court order in April 2023 that restricted only certain of the defendant’s internet and device usage.

Kidd explained to the defendant that “all that has been shown is that you have downloaded images, and you admit that you have them on your phone.” “While there is a danger in that, the danger articulated by the defendant is that the victim will be re-victimized.”

He added, “I think these will be enough to minimize any danger you may pose.”

Documents show that in May 2023 a district court judge revoked Kidd’s initial order of release based on Kidd’s danger to the community, and his “compulsion for pedophilia which he can’t control.” A special FBI agent testified later about the defendant’s attraction towards a child in a restaurant. The district judge concluded that there were no conditions to “assure the safety of the entire community, especially young children”.

The defendant received a sentence of approximately 24 years behind bars.

Republicans believe that both of these cases should have been included in Kidd’s questionaire, regardless of how controversial they are. Graham asked Kidd about the omissions in written questions he sent him this month.

Kidd informed Graham that the Justice Department had advised him that the nominee did not have to disclose the information. Kidd said that he also discussed the cases with White House Counsel. Kidd said that he did not think disclosure was needed based on his review of questionnaires completed by other judges.

Senate Judiciary Republicans located nearly two dozen cases where nominees from the past three administrations revealed instances in which more evidence was provided or that factual circumstances resulted in a decision being reversed.

Biden’s appointed Judge Stephanie Dawkins Davis, for the 6th Circuit Court of Appeals, disclosed Galimore v. York. This was a robbery-related case in which new evidence was presented. Doris Pryor was nominated by Biden for the 7th Circuit Court of Appeals. She disclosed a premises-liability case named Robertson v. Choice Hotels. Pryor told senators that “based on the discovery of notification issues, district judge overruled [her] report and recommendation of dismissing plaintiff’s complaint with prejudice.”

Kidd said in his response to Graham that he had “promptly” updated his committee questionnaire after “learning that the decisions were seen as potentially responsive.”

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