After a federal judge made the rare decision to dismiss a criminal case against two White nationalists suspected of inciting violence at political rallies, an appeals court on Thursday put the ruling on hold and one of the men was re-arrested, reports CNN. Robert Rundo and Robert Boman are allegedly members of the Rise Above Movement, RAM. They were indicted on charges of conspiracy and inciting riots and are believed to have recruited and given combat training to like-minded members, then incited violence at political rallies in Huntington Beach and Berkeley, California, and in Charlottesville, Virginia.
The appeals court stay came in response to an emergency motion by prosecutors after what CNN described as "the highly unusual ruling" on Wednesday of U.S. District Court Judge Cormac Carney, who dismissed the case against Rundo and Boman, saying they were being selectively prosecuted while far-left groups weren’t. “Such selective prosecution leaves the troubling impression that the government believes speech on the left more deserving of protection than speech on the right,” Carney wrote. Though the DOJ considers Rundo "an extremely serious flight risk" and notes that he believed to have traveled near the U.S.-Mexico border after his release, he is now back in federal custody.