The federal government is urgently attempting to re-arrest Robert Rundo, the white nationalist brawler and former leader of the Rise Above Movement (RAM), after a district judge in California dismissed riot charges against him. The judge, Cormac Carney, cited “selective prosecution” as the reason for the dismissal, claiming that the government had unfairly targeted RAM members while failing to bring charges against members of Antifa and related far-left groups who, according to Carney, had engaged in worse conduct.
Rundo was accused of conspiracy to violate the Anti-Riot Act for his involvement in planning and participating in violent acts during a series of political rallies across California in 2017. The federal indictment described how Rundo and his crew adorned themselves as combatants, wearing goggles, mouth guards, athletic tape around their wrists, and black face masks with white skeleton designs.
In a surprising turn of events, Judge Carney ordered Rundo’s release from custody, stating, “I don’t think it’s right that Mr. Rundo spends another minute in custody.” The government disagreed with the decision and sought a stay of Rundo’s release while appealing Carney’s ruling. However, the motion was granted too late, as Rundo had already been set free.
In response, the federal government filed an emergency motion on Thursday afternoon, seeking a court order to arrest Rundo and return him to custody. The government expressed concerns that Rundo is an “extremely serious flight risk” and believes he may have already traveled to Southern California, near the United States-Mexico border.
This case has been a convoluted legal journey, with Judge Carney previously dismissing the charges against Rundo in 2019, deeming the Anti-Riot Act unconstitutional. However, in 2021, an appeals court overruled Carney’s decision. By that time, Rundo had relocated to Eastern Europe, where he played a prominent role in establishing an international network of violent white nationalist groups known as Active Clubs. Rundo was eventually arrested in Romania and extradited to California in August.
Judge Carney’s recent ruling has sparked criticism within legal circles. In his 35-page opinion, Carney argued that prosecuting only members of the far right while ignoring members of the far left implies that the government condones physical assault and injury against Trump supporters to silence speech.