A recent surprise ruling throwing out criminal charges against the purported founder of a Southern California-based white supremacist group over concerns that prosecutors didn’t pursue similar cases against left-wing Antifa members has brought widespread attention to a veteran federal judge with a reputation for never shying away from tough decisions.
After U.S. District Judge Cormac J Carney threw out his case, the fate of Robert Paul Rundo — a Huntington Beach man alleged to have founded the Rise Above Movement and accused of recruiting and training others to attack political rivals at rallies in Orange County, San Bernardino County and Northern California — is currently in the hands of the 9th Circuit Court of Appeals, which has ordered him to remain in custody pending an appeal of the dismissal of the criminal charges.
Carney’s decision to dismiss Rundo’s case and immediately order his release drew widespread attention. In his ruling, Carney acknowledged that Rundo and other Rise Above Movement members likely promoted “reprehensible” ideas and “likely committed violence,” but said far-left members of Antifa “engaged in worse conduct” but were not targeted for prosecution.
It amounted, Carney determined, to selective prosecution and a violation of Rundo’s constitutional rights.
“I’m a big believer in the rule of court, so I would like to be in a position to release him right now, let him walk out that door, but I can’t do that because the 9th Circuit told me I can’t,” Carney said after Rundo was re-arrested. “It bothers me. It doesn’t matter whether Mr. Rundo is a good man, a bad man, whether he did something wrong here or not. We’re all entitled to our Constitution and no one’s following the rules and I’m at a loss to understand it.”
Carney’s willingness to take such a stand came as no surprise to those familiar with his long judicial career.
Veteran defense attorney Kate Corrigan described Carney as a…
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