Embry J. Kidd

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, 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.

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, 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.