A federal judge in Santa Ana ordered the release of a white supremacist group member charged with rioting while prosecutors appeal his ruling tossing out an indictment against the defendant.
Robert Rundo is “one of several defendants accused in this case of conspiring to cause riots at three political rallies through violence,” U.S. District Judge Cormac Carney wrote in his ruling. “`Though no jury has found him guilty of these charges, he has been detained for nearly 20 months.”
Though Rundo “espouses a hateful ideology” as a member of the Rise Above Movement, Carney said, the defendants in his case “were not the true threat to democracy at the rallies. Contrary to the government’s accusations, it was antifa, a far-left extremist group, that posed the insidious threat to democracy.”
Carney argued that antifa activists “went to the rallies to shut them down by demeaning, pepper spraying, assaulting, and injuring the people in attendance.”
Earlier this month, Carney sentenced one of the defendants, 27-year-old Tyler Laube, to 35 days behind bars, or time already served, for punching a journalist in the face during a clash between former President Donald Trump supporters and opponents in Huntington Beach seven years ago.
Carney has been sparring with prosecutors, who have turned to the 9th U.S. Circuit Court of Appeals for relief, in an argument about the political rallies. Carney threw out the rioting case, citing “selective prosecution” because prosecutors focused on the white supremacist groups and did not charge any of the left-wing activists.
The defendants in the case are Rundo, Robert Boman, Laube and Aaron Eason, who are members of the white nationalist organization Rise Above Movement, or RAM. Eason, who denied being a member of RAM, has since died. The rallies involved in the case were May 25, 2017, at Bolsa Chica Beach in Huntington Beach, April 15, 2017, in Berkeley, and June 10, 2017, in San Bernardino.
In February, Carney handed down the “selective prosecution” ruling dismissing the case. Federal prosecutors appealed that ruling and it was stayed until the justices ruled, keeping Rundo in custody.
Rundo, however, had been released before the stay on Carney’s ruling was issued. That meant the appellate justices’ ruling was “moot,” Carney said.
Carney accused prosecutors of failing to inform the 9th Circuit that Rundo had been released, and asked a magistrate judge to issue an arrest warrant for Rundo, who later surrendered.
The appellate justices issued an order saying the government has four days to appeal the release of Rundo.
Carney said he ordered Rundo’s release because the charges against him are “relatively minor,” and he is not a risk of fleeing or to public safety.
Carney also argued that Rundo faces 18 to 24 months if convicted and Rundo already has credit for about 20 months behind bars.
Prosecutors argued Rundo was attempting to flee the country before he was arrested again, but his attorney said he was in the process of surrendering to authorities, Carney said.
Carney acknowledged that Rundo stabbed a victim multiple times and pleaded guilty to attempted gang assault over 10 years ago and was sentenced to two years in prison.
But, Carney added, he “has seen no evidence that Mr. Rundo has used any weapon since that assault, nor is the court aware of Mr. Rundo causing any injury to anyone since that assault.”
Rundo is accused of violence during the rallies, but Carney said it was “limited to a specific context, battling antifa.”
Carney ordered Rundo to give up his passport and other travel documents, stay in the Central District of California, and to remain at the Salvation Army Anaheim facility where he is staying. He is also not allowed to possess any weapons.
Rundo will also be placed under a “location monitoring program” and cannot associate with any white nationalist organizations or attend political rallies or events.
“The government’s conduct in this case has been quite troubling,” Carney said. “The government selectively prosecuted Mr. Rundo for his political speech, ideology, and associations in violation of the First and Fifth Amendments. The government then rearrested Mr. Rundo without any pending charges supported by probable cause in violation of the Fourth Amendment. And now the government seeks to deny Mr. Rundo bail in violation of the Eighth Amendment. The government just does not seem to care about the Constitution. Well I do.”
U.S. Attorney Martin Estrada issued this statement in response:
“We are prosecuting individuals associated with a militant white-supremacy organization who are charged in a federal grand jury indictment with participating in attacks against innocent individuals who were engaging in Constitutionally protected free speech. As federal prosecutors, we do everything we can to protect our community, and we do so ethically and in conformity with the Constitution. Indeed, we are sworn to uphold the Constitution, and all our actions are guided by this sacred oath. We fully believe that we have abided by these important principles in this matter.”