Judge dismisses charges against right-wing protestors, points to selective prosecution

 February 29, 2024

Former President Donald Trump and other conservatives have long complained that the justice system often turns a blind to left-wing violence. A recent court decision suggests that those claims have been vindicated.

According to the Daily Wire, a federal judge has thrown out criminal charges against two white nationalists on the grounds that authorities refused to prosecute Antifa rioters.

Case revolves around 2017 free speech rally

The case concerns Robert Rundo and Robert Boman, two members of the Rise Above Movement (RAM) who participated in a 2017 event.

The event took place in Berkeley, California and saw a variety of right-wing demonstrators, including supporters of then-President Donald Trump, hold a free speech rally.

That rally was opposed by leftist agitators, including members of the far-left organization known as By Any Means Necessary (BAMN).

In his ruling last week, federal Judge Cormac J. Carney argued that the government engaged in selective prosecution by indicting Rundo and Boman while taking no action against their opponents.

Judge calls prosecution "textbook viewpoint discrimination"

"Antifa and related far-left groups decided they needed to 'shut this down,'" Carney wrote of the event. "They came prepared for violence, bringing weapons including pepper spray, fireworks, knives, and homemade bombs."

The judge pointed out that left-wing rioters then "used those weapons, as well as their bodies, against Trump supporters and law enforcement."

"No individuals associated with the left, who engaged in anti-far-right speech and violently suppressed the protected speech of Trump supporters, were charged with a federal crime for their part in starting riots at political events," he stressed.

"That is textbook viewpoint discrimination. Most telling in this case is the government’s silence as to why it never pursued a case against a single member of Antifa or related far-left groups with respect to their violent conduct at pro-Trump events," Carney continued.

DOJ appeals decision to Ninth Circuit

"Of the 20 people arrested at the April 2017 Berkeley rally, the government charged only Defendants and other members of RAM under the Anti-Riot Act," Carney noted.

"The government charged no members of Antifa, BAMN, or other far-left groups under the Anti-Riot Act for their use of violence to shut down the rally," he wrote.

The Daily Wire reported that Rundo was quickly re-arrested after the Department of Justice filed an emergency appeal with the Ninth Circuit.

The circuit court ordered that Rundo "is to remain in custody pending resolution of appellant’s motion to stay release pending appeal."

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