For the second time in five years, federal charges against alleged members of a violent white supremacist group accused of inciting violence at California political rallies were dismissed by a federal judge who found they were selectively prosecuted.

Federal prosecutors said members of the Rise Above Movement conspired to riot by using the internet to coordinate traveling to political rallies and attacking demonstrators at gatherings in Huntington Beach, Berkeley and San Bernardino in 2018. The group also posted videos to celebrate violence and recruit members.

U.S. District Judge Cormac J. Carney first tossed the charges against Robert Rundo and Robert Boman in June 2019. The two were charged with conspiracy to violate the Anti-Riot Act and rioting.

On Wednesday, Carney again granted the defendants’ motion to dismiss, agreeing that Rundo and Boman were being selectively prosecuted while “far-left extremist groups” were not.

  • dugmeup@lemmy.world
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    9 months ago

    So did they break the law? Because last I heard that is the job of a judge. To run Court proceedings, not to see if the DA was prosecuting others… Yeah judge I killed that dude, but the gangs kill people all the time and I don’t see them here so you should dismiss the case.

    • Telodzrum@lemmy.world
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      9 months ago

      Selective prosecution is a cause for dismissal. It was the motion argued and sustained here. The judge is indeed doing their job.

      • dugmeup@lemmy.world
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        9 months ago

        Is it? Where is the precedent? Cause a lot of cases are going to be dismissed if that is the case

        • dugmeup@lemmy.world
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          9 months ago

          In United States v. Armstrong (1996), the Supreme Court ruled the Attorney General and United States Attorneys “retain ‘broad discretion’ to enforce the Nation’s criminal laws”[4] and that “in the absence of clear evidence to the contrary, courts presume that they have properly discharged their official duties.”[5] Therefore, the defendant must present “clear evidence to the contrary”,[5] which demonstrates “the federal prosecutorial policy ‘had a discriminatory effect and that it was motivated by a discriminatory purpose.’”[6]

          So did they present clear evidence to the contrary?

  • djsoren19@yiffit.net
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    9 months ago

    Find me the far-left extremist groups then, judge Carney. Show me where the left in the U.S. is encouraging stochastic terrorism. Show me the militant leftist groups using empty U.S. states as training grounds.

    Really hope federal prosecutors keep up the fight until a non-Nazi judge can make a decision on the case, and I hope this fuck can get voted out from his position over this.

    • A_Random_Idiot@lemmy.world
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      9 months ago

      Far left groups are doing even worse things.

      They are trying to get homeless people fed, americans paid fair wages, and hold politicians accountable for their actions. GOD CAN NO ONE STOP THIS NIGHTMARE OF LIBERAL TERRORISM.

  • thefartographer@lemm.ee
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    9 months ago

    Is this that Judge Carney who called a black colleague “street smart” and then privately doubled down by trying to explain to her how it’s a compliment?

    • shalafi@lemmy.world
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      9 months ago

      Don’t know the context, but “street smart” was a compliment in my day. Nothing to do with race, it was meant to convey wisdom and experience vs. raw intelligence.

      I’ve never had either. YMMV.

      • meyotch@slrpnk.net
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        9 months ago

        Calling a highly educated person in a profession that requires that education ‘street smart’ denigrates that education and that person’s accomplishments.

        • shalafi@lemmy.world
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          9 months ago

          I did say I wasn’t aware of the context. I even led with that statement.

        • wahming@monyet.cc
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          9 months ago

          Interesting how things are perceived so differently across cultures. In Asia that’s a compliment regardless of profession

          • meyotch@slrpnk.net
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            9 months ago

            It is interesting. I think the negative perception here comes from the fact that ‘street smarts’ are often contrasted with ‘book smarts’. It is frequently expressed along with other anti-intellectual sentiments and is too often racially-tinged.

            Calling a minority that in a ‘book-smart’ profession in the US is a tone-deaf party foul at best. I think the term ‘back-handed compliment’ is apropos.

  • MagicShel
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    9 months ago

    Which far-left extremist groups are those getting away with inciting violence? PETA?

    • Aldehyde@kbin.social
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      9 months ago

      It doesn’t matter. You shouldn’t dismiss a case because other people get away with the same crime.

      • MagicShel
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        9 months ago

        I mean yes, of course, but I don’t even believe it’s true. Name a violent left-wing organization. Antifa? They aren’t organized at all. BLM? While there is an organization, it’s awfully damn loose and not everyone at a BLM protest is actually part of the organization.

      • trebuchet@lemmy.ml
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        9 months ago

        Seems like letting authorities choose to treat people differently when everyone is violating a law is pretty dangerous.

        It’s been observed that the body of modern law is so vast that nobody could possibly stay on the right side of the law all the time. Unenforced laws together with your principle would give the authorities the ability to legally attack anyone they don’t like such as political enemies or even entire racial groups they hate and then defend their actions by pointing out that those bad people did, in fact, violate the law regardless of what other people are doing.

  • Custoslibera@lemmy.world
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    9 months ago

    I’m certain the Nazis won’t see this as a green light and be emboldened by the pseudo support this judge is providing them…