{"id":2272225,"date":"2024-06-20T06:12:02","date_gmt":"2024-06-20T10:12:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-judicial-nominee-failed-to-disclose-since-reversed-child-sex-case-rulings\/"},"modified":"2024-06-20T06:15:24","modified_gmt":"2024-06-20T10:15:24","slug":"biden-judicial-nominee-failed-to-disclose-since-reversed-child-sex-case-rulings","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-judicial-nominee-failed-to-disclose-since-reversed-child-sex-case-rulings\/","title":{"rendered":"Biden judicial nominee omitted disclosure of overturned rulings in child sex cases"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">24<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fbiden-judicial-nominee-failed-to-disclose-since-reversed-child-sex-case-rulings%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2272225&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A Florida\u200c judge, Embry Kidd, nominated by \u200bPresident Joe Biden for\u200d a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/disgraced-former-senator-lobbying-senate-republicans-to-confirm-a-criminal-judicial-nominee\/\" title=\"Disgraced Former Senator Lobbying Senate Republicans to Confirm a Criminal Judicial Nominee\">federal court position<\/a>, is facing criticism from Republicans for not initially disclosing two child sex-related cases in his Senate Judiciary Committee\u2063 questionnaire.\u2064 These cases, \u200bwhich were reversed by higher courts, came to light only after Kidd\u200d updated his questionnaire. His decisions in these cases, where he showed leniency\u2063 towards the defendants, were criticized for potentially endangering the community. Senators Lindsey Graham and Rick Scott expressed concerns over Kidd&#8217;s omissions and his judicial judgment. The controversy illustrates ongoing tensions between Republicans and the Biden administration over judicial nominations.\u200c Kidd&#8217;s \u2062failure to disclose these cases has led to scrutiny of his suitability for a\u200d higher court role \u200dand raised questions about the transparency and \u200dvetting process for \u2062judicial nominees.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>A judge in <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/florida\/\" target=\"_blank\" rel=\"noopener\" title>Florida<\/a> tapped by President <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/joe-biden\/\" target=\"_blank\" rel=\"noopener\" title>Joe Biden<\/a> for a top federal court spot failed to disclose at least two child sex-related cases that saw his lenient rulings reversed \u2014 until now.<\/p>\n<p>Embry Kidd, a judge in the U.S. District Court for the Middle District of Florida, is under fire by <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/gop\/\" target=\"_blank\" rel=\"noopener\" title>Republicans<\/a> over his prior omission of the two cases on his nominee questionnaire, which was quietly updated this week to address the matter. Biden nominated Kidd in May to fill a vacancy on the 11th Circuit Court of Appeals, which oversees courts in <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/alabama\/\" target=\"_blank\" rel=\"noopener\" title>Alabama<\/a>, Florida, and Georgia.<\/p>\n<p>\u201cNot only is this becoming a pattern, the content of these belatedly-disclosed cases is concerning,\u201d Sen. Lindsey Graham (R-SC), the Senate Judiciary Committee\u2019s ranking member, told the <em>Washington Examiner<\/em>. \u201cWith all due respect, these cases should have been disclosed. It is hard to provide advice and consent on a judicial nominee when the nominee doesn\u2019t disclose highly relevant cases.\u201d <\/p>\n<p>Meanwhile, Sen. <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/rick-scott\/\" target=\"_blank\" rel=\"noopener\" title=\"Rick Scott\">Rick Scott<\/a> (R-FL), who is also concerned about the unearthed disclosure, told the <em>Washington Examiner<\/em> he did not \u201cconsent\u201d to Kidd\u2019s nomination as Florida\u2019s junior senator.<\/p>\n<p>\u201cPresident Biden continues to nominate judges who are totally unfit for the federal bench in his continued efforts to weaponize our judiciary,\u201d Scott said. \u201cThe Biden administration\u2019s decision to advise nominees like Judge Kidd to not disclose bad rulings regarding <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/aoc-mocked-for-giving-biden-a-slap-on-the-wrist-for-opening-detention-camps-for-migrant-kids\/\" title=\"AOC Mocked For Giving Biden A \u2018Slap On The Wrist\u2019 For Opening Detention Camps For Migrant Kids\">child sex predators<\/a>, some of which were later rightfully reversed by the supervising district judge, is disgusting, dangerous, and right on brand for this lawless administration.\u201d<\/p>\n<p>The tension over Kidd\u2019s disclosure failure is a window into how Republicans continue to feud with the Biden administration over its judicial nominees. Adeel Mangi, a nominee for the 3rd Circuit Court of Appeals, has had his confirmation notably stalled for months after several Democrats joined Republicans in raising concerns about his <a href=\"https:\/\/freebeacon.com\/biden-administration\/embattled-biden-judicial-nominee-adeel-mangi-served-on-legal-aid-society-board-as-it-defended-notorious-cop-killers\/\" target=\"_blank\" rel=\"noopener\" title>unearthed<\/a> <a href=\"https:\/\/www.washingtonexaminer.com\/news\/2906704\/biden-judicial-pick-anti-israel-activists-event-sponsored-terrorism-tied-group\/\" target=\"_blank\" rel=\"noopener\" title>affiliations<\/a> with <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/kamala-harris-condemns-d-c-demonstrators-despite-past-encouragement-of-violent-blm-mobs\/\" title=\"Kamala Harris condemns D.C. demonstrators despite past encouragement of violent BLM mobs\">left-wing activists<\/a>, including at a think tank that once hosted a convicted terrorist financier. The <em>Washington Examiner<\/em> <a href=\"https:\/\/www.washingtonexaminer.com\/news\/2906704\/biden-judicial-pick-anti-israel-activists-event-sponsored-terrorism-tied-group\/\" target=\"_blank\" rel=\"noopener\" title>reported in March<\/a> that Mangi failed to disclose his participation in a conference with anti-Israel activists \u2014 leading to Mangi <a href=\"https:\/\/www.washingtonexaminer.com\/news\/2914722\/biden-nominee-apologizes-to-senate\/\" target=\"_blank\" rel=\"noopener\" title>issuing<\/a> an apology.<\/p>\n<p>The Senate Judiciary Committee\u2019s questionnaire includes a section asking nominees to provide a summary and citations for any of their prior court opinions \u201creversed by a reviewing court\u201d or where their \u201cjudgment was affirmed with significant criticism of your substantive or procedural rulings.\u201d The purpose of this section is for lawmakers to be able to vet nominees fully, <a href=\"https:\/\/www.washingtonexaminer.com\/news\/2914722\/biden-nominee-apologizes-to-senate\/\" target=\"_blank\" rel=\"noreferrer noopener\">many of whom<\/a> have past ties that are ripe for scrutiny and, in <a href=\"https:\/\/www.foxnews.com\/us\/biden-abandons-his-own-judicial-nominee-once-released-man-later-involved-murder-10-year-old\" target=\"_blank\" rel=\"noreferrer noopener\">some<\/a> cases, <a href=\"https:\/\/www.reuters.com\/world\/us\/biden-appeals-court-nominee-delaney-expected-be-withdrawn-source-2023-05-18\/\" target=\"_blank\" rel=\"noreferrer noopener\">lead<\/a> to rejection from the upper chamber.<\/p>\n<p>During Kidd\u2019s nomination hearing in early June, Sen. <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/dick-durbin\/\" target=\"_blank\" rel=\"noopener\" title>Dick Durbin<\/a> (D-IL) asked him about certain cases he presided over. <\/p>\n<p>\u201cI expect that at least two or three of the decisions which you reached will be very controversial and raised in this committee. This is part of the process. I know that you are prepared for that,\u201d Durbin told Kidd.<\/p>\n<p>However, Durbin\u2019s remarks keyed Republicans in on two cases that, the GOP says, had been wrongfully omitted from Kidd\u2019s questionnaire. Senate staff investigators often use research tools such as Westlaw or LexisNexis to locate information about cases, but <em>U.S. v. D\u2019Haiti<\/em> and <em>U.S. v. King<\/em> were oral rulings \u2014 meaning they are not indexed in these databases, and Republicans were not previously aware of them.<\/p>\n<p><em>U.S. v. D\u2019Haiti<\/em> pertained to a case in which the defendant, a male who was a cheerleading coach at a central Florida High school, was arrested in 2022 for possession of child pornography, court records show. The defendant, in one instance, reached his hands up a minor\u2019s sports bra and fondled her. <\/p>\n<figure><figcaption>Embry Kidd, nominated to the U.S. Court of Appeals for the 11th Circuit, testifies before the Senate Judiciary Committee on June 5, 2024. (Diego M. Radzinschi \/ALM via Newcom)<\/figcaption><\/figure>\n<p>But Kidd, according to the court records, elected in July of that year to release the defendant based on his \u201chigh character,\u201d \u201cties to the community,\u201d and \u201clack of criminal history.\u201d One month later, a district judge reversed that order based on further evidence and ordered the defendant to pretrial detention.<\/p>\n<p>The teacher, 41-year-old Vigiland D\u2019Haiti, <a href=\"https:\/\/www.clickorlando.com\/news\/local\/2023\/10\/18\/former-clermont-cheer-coach-sentenced-to-29-years-in-plea-deal-over-coercion-of-minor\/\" target=\"_blank\" rel=\"noopener\" title>was<\/a> sentenced in October 2023 to 29 years in prison for coercing a minor to produce sexually explicit content.<\/p>\n<p>The second case, <em>U.S. v. King<\/em>, related to a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/vivek-ramaswamy-vows-to-release-jeffrey-epsteins-client-list-if-elected-president\/\" title=\"Vivek Ramaswamy promises to reveal Epstein's client list as President.\">convicted sex offender charged<\/a> with receipt and possession of <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/anti-sex-trafficking-advocates-slam-twitter-on-heels-of-bombshell-lawsuit-from-teen-victim\/\" title=\"Anti-Sex Trafficking Advocates Slam Twitter On Heels Of Bombshell Lawsuit From Teen Victim\">child sex abuse material<\/a>. In April 2023, Kidd issued an order restricting only some of the defendant\u2019s usage of the internet and devices. <\/p>\n<p>\u201cAll that\u2019s been presented is that you downloaded images and that you had them on your phone, that you admitted to having them,\u201d Kidd told the defendant. \u201cWhile that does pose some danger, the danger that\u2019s articulated is that the victims will be revictimized.\u201d<\/p>\n<p>\u201cAnd I think that those will be sufficient to mitigate any risk of danger that you pose,\u201d he added.<\/p>\n<p>In May 2023, a district judge revoked Kidd\u2019s initial order releasing the defendant based on the danger he posed to the community and the \u201ccompulsion of pedophilia that he cannot control,\u201d documents show. An FBI special agent later testified about the defendant\u2019s attraction to a child at a restaurant, with the district judge concluding there were no conditions \u201cthat can assure the safety of the community, particularly young children.\u201d<\/p>\n<p>The defendant was sentenced to roughly 24 years in prison.<\/p>\n<p>Both of these cases, no matter how controversial, should have always been included on Kidd\u2019s questionnaire, according to Republicans. In <a href=\"https:\/\/www.judiciary.senate.gov\/imo\/media\/doc\/2024-06-05_-_qfr_responses_-_kidd.pdf\" target=\"_blank\" rel=\"noopener\" title>written<\/a> questions this month, Graham pressed Kidd on the omissions.<\/p>\n<p>Kidd told Graham that he consulted with the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/justice-department\/\" target=\"_blank\" rel=\"noopener\" title>Justice Department<\/a>, which advised the nominee that he did not need to make the disclosures. Kidd also said he discussed the cases with the White House Counsel\u2019s office. Moreover, based on Kidd\u2019s review of completed questionnaires by other judges, he said he didn\u2019t think disclosure was necessary.<\/p>\n<p>Senate Judiciary Republicans, however, located almost two dozen examples where nominees under the last three administrations disclosed cases in which either more evidence was presented or factual circumstances led to a decision reversal.<\/p>\n<p>For instance, the Biden-appointed Judge Stephanie Dawkins Davis for the 6th Circuit Court of Appeals disclosed <em>Galimore v. York<\/em>, a robbery and assault-related case, which saw new evidence presented. Doris Pryor, whom Biden successfully nominated for the 7th Circuit Court of Appeals, disclosed a premises liability case called <em>Robertson v. Choice Hotels<\/em>, telling senators, \u201cBased on the discovery of the\u00a0notification issues, the district judge overruled my report and recommendation to dismiss plaintiff\u2019s complaint without prejudice.\u201d<\/p>\n<p>Kidd, in his written response to Graham, said he \u201cpromptly updated\u201d his committee questionnaire upon \u201clearning that these decisions were viewed as potentially responsive.\u201d <\/p>\n<p>\u201cHad I known at the time of filing that these decisions were potentially responsive, I would have supplied them in my initial filing,\u201d Kidd told Graham. \u201cI take seriously my duty of candor to the Senate and to the American people.\u201d<\/p>\n<p>The White House declined to comment, pointing the <em>Washington Examiner<\/em> to the DOJ. <\/p>\n<p>The DOJ did not reply to a request for comment.<\/p>\n<p><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noopener\" title><strong>CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER<\/strong><\/a><\/p>\n<p>Spokeswoman Emily Flower for Senate Judiciary Committee Republicans said Kidd\u2019s prior lack of disclosure is concerning because it \u201cdenied senators the ability to fully evaluate the nominee for a lifetime judicial appointment.\u201d<\/p>\n<p>\u201cWhen a nominee fails to properly respond to the committee questionnaire, the committee is robbed of a chance to question the nominee at their hearing, as happened in this instance,\u201d Flower told the <em>Washington Examiner<\/em>. <\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>President Joe Biden&#8217;s nominee for a key federal court position, Florida Judge Embry Kidd, is under scrutiny for not disclosing two child sex-related cases with lenient rulings that were later overturned. Republicans are criticizing Kidd, who serves on the U.S. District Court for the Middle District of Florida, for these omissions<\/p>\n","protected":false},"author":381,"featured_media":2272226,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/06\/Embry_Kidd-1024x591.webp","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-2272225","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/06\/Embry_Kidd-1024x591.webp","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2272225","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/381"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2272225"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2272225\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2272226"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2272225"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2272225"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2272225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}