Embry J. Kidd - Alliance for Justice

Embry J. Kidd


Nominated to the U.S. Court of Appeals for the Eleventh Circuit on May 8, 2024.

  • Court Circuit Court
  • Date Nominated

On May 8, 2024, President Biden nominated Judge Embry J. Kidd to the United States Court of Appeals for the Eleventh Circuit. Since 2019, Kidd has served as a Magistrate Judge for the United States District Court for the Middle District of Florida. He previously worked as an Assistant United States Attorney in that District from 2014–2019.


Kidd was born in Birmingham, Alabama in 1983. He graduated with his B.A., High Honors, from Emory University in 2005, and earned his J.D. from Yale Law School in 2008. Kidd held several prestigious positions while in law school, including Editor of the Yale Law and Policy Review, member of Yale Law Journal’s Editorial Board, and Editor in Chief of the Yale Journal of Law & the Humanities.

Legal Experience  

After graduating from Yale Law School in 2008, Kidd clerked for Judge Roger L. Gregory on the U.S. Court of Appeals for the Fourth Circuit. Through this prestigious clerkship, Kidd gained extensive experience and expertise on how to effectively manage a circuit court of appeals. Following this, from 2009–2014, Kidd worked as an associate at Williams & Connolly LLP, a leading national law firm, in Washington, D.C., where he litigated a range of complex federal and state civil cases, as well as undertaking various pro bono matters. From 2014–2019, Kidd served as an Assistant U.S. Attorney in the Middle District of Florida. In that role, he predominately litigated white-collar crime and offenses relating to narcotics, firearms, corruption, and crimes against children.

The following cases are illustrative of Kidd’s litigation career:

United States v. Conage

United States v. Conage, Case No. 6:17-cr-28-Orl-18GJK (M.D. Fla.), certifying question, 976 F.3d 1244 (11th Cir. 2020), answering certified question, 346 So. 3d 594 (Fla. 2022), and aff’d, 50 F.4th 81 (11th Cir. 2022).

As an Assistant United States Attorney, Kidd prosecuted the United States v Conage case and secured the defendant’s conviction for dealing multiple types of narcotics while armed. At the trial stage, Kidd crafted the successful legal argument relating to the novel legal question as to whether Florida’s cocaine trafficking statute, which included “purchasing” as an element, qualified as a “serious drug offense” for the purposes of the Armed Career Criminal Act. As articulated by the Eleventh Circuit, the significance of Conage was “enormous” because of the number of individuals charged under the statute. When the Eleventh Circuit certified this question of law to the Florida Supreme Court, Kidd’s initial legal argument was approved, and the defendant’s conviction was affirmed by the Eleventh Circuit in 2022.

United States v. Taylor

United States v. Taylor, Case No. 6:17-cr-64-Orl-41GJK (M.D. Fla.).

As an Assistant United States Attorney, Kidd was lead co-counsel on the Taylor case. Taylor was a public corruption case, in which Kidd secured a guilty verdict in the jury trial of Dwayne Taylor, a member of the Florida House of Representatives who perpetrated wire fraud and misappropriated campaign funds for personal use. As lead co-counsel, Kidd conducted direct examination, delivered closing arguments, and worked alongside FBI agents during the investigatory phase. The jury returned a guilty verdict, and the defendant was sentenced to 13 months in prison. On appeal, the Eleventh Circuit affirmed the conviction.

Judicial Experience 

In 2019, Kidd was appointed as a Magistrate Judge for the U.S. District Court for the Middle District of Florida. As a magistrate, Kidd has presided over both civil and criminal cases. He is responsible for all phases of civil case proceedings and conducts initial appearances, arraignments, detention hearings, preliminary hearings, competency hearings, and change of plea hearings in criminal cases.

The following cases demonstrate Kidd’s distinguished judicial career:

Conradis v Geiger

Conradis v Geiger, Case No. 6:18-cv-1486 (M.D. Fla.).

Kidd presided over the complex Conradis v Geiger civil case, wherein two plaintiffs alleged that the defendants violated their copyrights by distributing explicit images of them without permission. Kidd adjudicated the plaintiffs’ requests to ascertain the identities of the John Doe defendants and oversaw the parties’ discovery during the Covid-19 pandemic, all while a parallel criminal investigation was ongoing. Kidd held that the plaintiffs were entitled to ascertain the defendants’ identities and rejected the defendants’ motion to quash the plaintiffs’ subpoenas issued to internet service providers. Ultimately, Kidd entered default judgment against one defendant who was facing criminal charges relating to the underlying conduct, and the plaintiffs settled with the other defendant.

United States v. Kenneth Harrelson

United States v. Kenneth Harrelson, Case 1:21-cr-28-APM (D.C.C.); Case 6:21-mj-01221-EJK (M.D. Fla.).

Kenneth Harrelson, a member of the far-right paramilitary group, the “Oath Keepers,” was charged and later convicted for his role in the January 6 insurrection. At Harrelson’s arraignment in Orlando in March 2021, Kidd ruled that Harrelson was to be held without bond ahead of his trial at a U.S. District Court in Washington D.C. Kidd rooted his decision in the severity of Harrelson’s charges and further noted the “troublesome” nature of the Harrelson’s “absolute disregard for the validity of official proceedings” held by the U.S. government. In November 2022, a D.C. District Court found Harrelson guilty of obstructing an official proceeding, conspiracy to prevent an officer from discharging duties, and tampering with documents. In 2023, Harrelson was sentenced to four years imprisonment and two years of supervised release.

Professional Accolades 

Kidd has earned several professional accolades during his career which illustrate his excellency and aptitude for his elevation to the Eleventh Circuit. In 2020, he received the United States Department of Justice Organized Crime Drug Enforcement Task Force (OCDETF) National Award for his work as an Assistant U.S. Attorney. In 2019 Kidd received Special Recognition from both the U.S. Secret Service and The Bureau of Alcohol, Tobacco, Firearms, and Explosives. Additionally, in 2017, Kidd was awarded the FBI Director’s Award.