President Donald Trump has pulled former acting Attorney General John Guard from consideration for a U.S. District Court judgeship, according to a new report.
“The nomination of John Guard, senior counselor to the attorney general of Florida, for a Middle District of Florida federal judgeship, has not been renewed for the new session of Congress after he came under scrutiny in a criminal probe regarding a charity connected to Florida Gov. Ron DeSantis,” reports Law360 in a post spotlighted by Jim Rosica of the Tallahassee Democrat.
The White House reportedly didn’t want a “nasty confirmation fight” while the issue was in suspense, sources said in October while explaining a pause in the nomination moving forward since June.
However, the federal court’s loss may be the Florida Supreme Court’s gain. Guard, who is the chief deputy AG for the state, interviewed late last year to potentially replace Justice Charles T. Canady.
Guard was among those subpoenaed over his role in the Hope Florida scandal. He signed the controversial settlement with Medicaid insurer Centene, but not before privately raising concerns, according to the Miami Herald/Tampa Bay Times, which obtained emails documenting the conversations.
The emails show that Guard removed references to his Office in drafts of the settlement in a series of back-and-forth conversations over the course of 22 days.
Guard said there was nothing in his background that could embarrass the administration should he ultimately be appointed to replace Canady, who left the court to become a director and a tenured professor at the University of Florida’s Hamilton School for Classical and Civic Education.
Guard also said his first choice was the state’s high court.
“I think the best legal job is probably to serve on the Florida Supreme Court. And I say that because you’re the head of the judicial branch. You’re kind of responsible for helping with the legitimacy of our core system and maintaining the rule of law,” Guard said.
The ongoing imbroglio revolves around $10 million of Medicaid money from a settlement last year, which allegedly had been diverted to the Hope Florida Foundation, summarily filtered through nonprofits through political committees, and spent on political purposes. The money was part of a $67 million payout from state Medicaid contractor Centene, which DeSantis said was “a cherry on top” in the settlement, arguing it wasn’t truly from Medicaid money.
Guard’s explanation on his application for the state Supreme Court sufficed, as interviewers asked him no questions about Hope Florida during his interview.
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Janelle Irwin Taylor of Florida Politics contributed to this report.