Prosecutors ask court to keep white supremacist in prison after judge tosses case

Federal prosecutors filed an emergency order calling on the court to keep the leader of a white supremacist group in prison after a judge tossed out their case.

The case pertains to the far-right white supremacist group Rise Above Movement and their leader, Robert Rundo. Rundo, along with two other members of the Rise Above Movement were released from federal prison after Judge Cormac Carney tossed out the United States Attorney's case. 

In his decision, Carney dismissed the indictment on the grounds of selective prosecution, claiming that there were bad people on both sides.

"At the same time, the government chose not to prosecute far-left extremist groups, such as Antifa, that went to the same protests and rallies and engaged in the same violent acts as alleged against the Defendants in this case Robert Rundo and Robert Boman," Carney wrote. 

He claimed there were many people who claimed that the far-left groups "engaged in worse conduct and "instigated much of the violence."

"That is constitutionally impermissible," Carney wrote. "The government cannot prosecute RAM members such as Defendants while ignoring the violence of members of Antifa and related far-left groups because RAM engaged in what the government and many believe is more offensive speech."

This is the second time Carney has dismissed the same case. His earlier dismissal was overturned by the Ninth Circuit Court. 

In the emergency stay motion calling for Rundo to stay in prison, the United States Attorney said Rundo fled to Romania once before. They believe he will do it again if given a chance.