A US federal appeals court recently halted the release of alleged white supremacist group leader, Robert Rundo, overturning a decision by a district judge that had briefly authorized his release. The move was triggered by a hurried request from federal prosecutors.
The Rise Above Movement (RAM)’s leader’s release was stopped on the basis that Rundo posed a considerable flight risk and a threat to the community. Therefore, attorneys argued that he should remain detained while his case’s appeal was ongoing, following its dismissal.
The motion followed District Judge Cormac Carney’s ruling, which had earlier dismissed charges against Rundo under the Anti-Riot Act. These charges included RAM’s purported participation in violent events in California and Charlottesville, Virginia. Carney cited concerns over selective prosecution in his ruling.
The Anti-Riot Act, a legislation dating back to the 1960s was formulated to address domestic terrorism, while protecting legitimate political speech. Critics argue that it poses a possible abuse risk, potentially infringing upon the First Amendment rights. This background adds further complexity to the current scenario, wherein the Act’s use in Rundo’s case has been challenged as unconstitutionally selective, a position Judge Carney supported.
Carney highlighted that the government opted not to prosecute far-left extremist groups present at the same protests and allegedly engaged in comparable, or even more violent acts. He characterized the decision to prosecute Rundo as unbalanced, stating:
“The government cannot prosecute RAM members such as Defendants while ignoring the violence of members of Antifa and related far-left groups because RAM engaged in what the government and many believe is more offensive speech.”
The court recognized that although Rundo and his associated party may have propagated repugnant ideologies and likely committed acts of violence that warranted prosecution, the underlying larger issue overshadows their individual actions. Judge Carney noted the case was about maintaining the freedom of speech and assembly rights guaranteed to everyone.