9th Circuit hears argument over Judge Carney's Robert Rundo case dismissal
The 9th Circuit U.S. Court of Appeals appears ready to overturn the dismissal of white supremacist Robert Rundo’s criminal case.
The three-judge panel that granted the U.S. Department of Justice’s emergency petition to stay the dismissal in April heard oral argument last Tuesday in the appeal of now-retired U.S. District Judge Cormac Carney’s selective prosecution order.
The DOJ’s reply to Rundo’s answering brief says Carney “fixated on Antifa” when he granted a defense motion to dismiss for selective prosecution. Assistant U.S. Attorney Alexander P. Robbins said Tuesday that Carney assumed in his order that three people were Antifa members “but it’s not actually clear that they were.”
Only one selective prosecution dismissal has survived in the 9th Circuit, and it’s from 1972, Robbins said.
Judge Milan Smith said Judge Carney “cited hundreds of newspaper articles with no foundation for them at all.”
Rundo is in federal custody. The dismissal order also covers his co-defendant, Robert Boman, who is not in custody.
You can watch the argument on YouTube.
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