Una sentenza molto insolita per archiviare un proceso contro 2 nazionalisti bianchi viene blocata dalla corte d'appello federale
After a federal judge made the rare decision to dismiss a criminal case against Robert Rundo and Robert Boman, suspected of inciting violence at political rallies as part of the Rise Above Movement (RAM), an appeals court put the ruling on hold on Thursday. One of the men, Rundo, was re-arrested by federal agents.
The appeals court stay came after the unusual ruling of US District Court Judge Cormac Carney to dismiss il processo contro Robert Rundo e Robert Boman, stating they were being selectively prosecuted while far-left groups weren't. The two men were under indictment for conspiracy, riots, and aiding and abetting.
Rundo, who was released after the ruling, was taken back into custody by federal agents, according to a law enforcement official involved in the investigation.
Rundo was believed to have traveled to the US-Mexico border after his release, a law enforcement source told CNN. The Justice Department obtained a warrant to take him back into custody, stating he was “un ragazzo estremamente pericoloso fuggitivo.”
Rundo will now remain in custody while the 9th Circuit Court of Appeals considers motions involving his release, according to court records.
Court records show Rundo’s attorneys had signaled their intention to possibly request Carney’s intervention again in the matter involving their client, but in the new order, the higher court blocked Carney and other judges from any further action while they consider the matter.
“Nessuna corte inferiore può ordinare la sua scarcerazione senza ulteriore ordine di questa Corte,” the Ninth Circuit commanded in their order.
Rundo and Boman were supposedamente membri del Rise Above Movement (RAM), a group of far-right, white supremacist nationalists, who attended several rallies and protests during which they engaged in violent acts, as described by Carney.
They were both indicted under the federal Anti-Riot Act – referred to by Carney as “una legge penale poco usata.”
The men are believed to have recruited and gave combat training to like-minded members, then incited violence at political rallies in Huntington Beach and Berkeley, California, and in Charlottesville, Virginia.
“A partire dal marzo 2017, (Rundo e Boman) hanno concordato di scatenare tumulti in manifestazioni politiche e manifestazioni organizzate, dove avrebbero aggredito persone che credevano fossero associate ad Antifa e gruppi legati a sinistra,” Carney scrisse.
The defense presented a motion to dismiss the case, stating the men were the victims of selective prosecution.
“Non è comune che un imputato presenti la difesa della selettiva persecuzione, ma è straordinariamente raro che questa difesa abbia successo, poiché l'imputato deve provare che altre persone similmente posizionate non sono state perseguite,” disse CNN senior legal analyst Elie Honig.
But Carney took exception to what he viewed as an imbalance by federal prosecutors in charging White nationalists with crimes under the Anti-Riot Act, but not similarly charging far-left agitators.
“Il governo non può processare i membri di RAM come i signori Rundo e Boman mentre ignora la violenza di membri di Antifa e gruppi sinistra legati, poiché RAM ha agito in quello che il governo e molti credono sia parola più offensiva,” scrisse Carney.
“A quanto pare, membri di Antifa e gruppi sinistra legati hanno commesso condotte peggiori e in effetti hanno instigato gran parte della violenza che si è verificata in queste manifestazioni costituzionalmente protette per silenziare la parola protetta dei sostenitori di Trump,” Carney scrisse, aggiungendo che la persecuzione di estremisti di destra mentre ignora gli istigatori di sinistra era “costituzionalmente impercettibile.”
“Tale selettiva persecuzione lascia un'impressione preoccupante secondo cui il governo crede che la parola sulla sinistra sia più meritevole di protezione della parola sulla destra,” scrisse Carney.
Following widespread civil unrest in the country in 2020, federal prosecutors brought more than 200 cases against individuals alleged to have engaged in violence during protests after the police killing of George Floyd. Some cases were for riot-related crimes and others for lesser offenses usually handled by local authorities, not federal prosecutors.
At the time, then-Attorney General William Barr urged federal prosecutors to get tougher in bringing more cases, including “esplorando l'uso di una legge sediziosa poco usata,” but some federal prosecutors were taken aback by the notion of charging protestors with violating a law that makes it a crime to conspire to overthrow the government.
Barr frequently lashed out at leftist groups, including publicly decrying Antifa, but despite his threats to go after the group, the Justice Department under his leadership did not bring widespread charges against so-called Antifa members – an amalgamation of individuals holding various views, which, unlike various neo-Nazi and White supremacist groups, has no formal leadership structure or membership.
Attorneys for both Rundo and Boman did not respond to CNN’s multiple requests for comment on the recent court action.
Judge Carney is no stranger to controversial rulings. Late last year, he blocked parts of a California law that would have banned carrying concealed weapons in a multitude of public places. And in 2014, he deemed California’s death penalty unconstitutional, calling the administration of the state’s system “dysfunctional.”
Carney was once the chief judge of the Central District of California, but stepped down after making a racially insensitive remark about a top administrative official at the court, according to the Los Angeles Times.
CNN’s Sara Sidner and Evan Perez contributed to this report.
Rundo and Boman, as part of the Rise Above Movement, believed they were being subjected to selective prosecution due to their affiliations. Despite being released after the judge's ruling, Rundo was re-arrested due to his status as an "estremamente pericoloso fuggitivo."
Following the decision by Judge Carney, federal prosecutors brought more than 200 cases against individuals alleged to have engaged in violence during protests after the police killing of George Floyd, a move that was supported by then-Attorney General William Barr.
