Charges Against Two White Nationalists Are Dismissed as ‘Selective Prosecution’

A federal judge on Wednesday dismissed riot charges against two members of a neo-Nazi street gang who had attacked counterprotesters at several pro-Trump rallies in California in 2017, saying that the government had behaved improperly by neglecting to bring charges against left-wing activists who had also acted violently at the same events.

The ruling by the judge, Cormac J. Carney, found that prosecutors had unfairly engaged in “a selective prosecution” against the two men — members of the Rise Above Movement, or R.A.M. — and targeted them chiefly because of their vitriolic speech and white supremacist ideology.

While Judge Carney acknowledged that he found the ideas that the movement promoted “reprehensible,” he also said it was “constitutionally impermissible” to bring charges against one group, but not the other, based on politics alone.

“The government cannot prosecute R.A.M. members such as defendants while ignoring the violence of members of antifa and related far-left groups because R.A.M. engaged in what the government and many believe is more offensive speech,” he wrote.

The decision by Judge Carney, who sits in Federal District Court in Santa Ana, Calif., immediately wiped out the case against the two men, Robert Rundo, the founder of R.A.M. and an infamous figure in neo-Nazi circles, and Robert Boman, one of his subordinates. It was also a rare successful use of the selective prosecution tactic and leaned heavily on an appeal to the First Amendment.

“It does not matter who you are or what you say,” Judge Carney wrote. “It does not matter whether you are a supporter of All Lives Matter or a supporter of Black Lives Matter. It does not matter whether you are a Zionist professor or part of Students for Justice in Palestine. It does not matter whether you are a member of R.A.M. or antifa. All are the same under the Constitution, and all receive its protections.”