A federal judge dismissed criminal charges for the second time in five years against accused members of a Southern California white supremacist group suspected of inciting brawls at political rallies throughout the state. U.S. District Judge Cormac Carney on Wednesday dismissed charges against Robert Rundo — who was extradited last year from Romania — and Robert Boman. The two were charged with conspiracy to violate the Anti-Riot Act and rioting, the Los Angeles Times reports. Rundo is alleged to be a founding member of Rise Above Movement (RAM), a white supremacist group that, according to a federal indictment, touted itself as a “combat-ready, militant group of a new nationalist white supremacy and identity movement.” Boman was also an alleged group member.
Carney granted the defendants’ motion to dismiss, agreeing that Rundo and Boman were being selectively prosecuted, while “far-left extremist groups, such as Antifa” were not. “Prosecuting only members of the far right and ignoring members of the far left leads to the troubling conclusion that the government believes it is permissible to physically assault and injure Trump supporters to silence speech,” Carney wrote. “There seems to be little doubt that Defendants, or at least some members of RAM, engaged in criminal violence. But they cannot be selected for prosecution because of their repugnant speech and beliefs over those who committed the same violence with the goal of disrupting political events.” Boman was already free on bond, while Rundo was still being detained. Prosecutors on Wednesday requested that Rundo remain in custody pending the government’s appeal, which Carney denied.