An Orange County federal judge has dismissed criminal charges for the second time in five years against accused members of a Southern California white supremacist group suspected of inciting brawls at political rallies throughout the state.
U.S. District Judge Cormac J. Carney on Wednesday dismissed charges against Robert Rundo — who was extradited from Romania last year — and Robert Boman of Torrance. The two were charged with conspiracy to violate the Anti-Riot Act and rioting.
Rundo is alleged to be a founding member of Rise Above Movement, or RAM, a white supremacist group that, according to a federal indictment, touted itself as a “combat-ready, militant group of a new nationalist white supremacy and identity movement.” Boman was also an alleged member of the group.
In his decision, Carney granted the defendants’ motion to dismiss, agreeing that Rundo and Boman were being selectively prosecuted, while “far-left extremist groups, such as Antifa” were not.
“Prosecuting only members of the far right and ignoring members of the far left leads to the troubling conclusion that the government believes it is permissible to physically assault and injure Trump supporters to silence speech,” Carney wrote in his order.
“There seems to be little doubt that Defendants, or at least some members of RAM, engaged in criminal violence. But they cannot be selected for prosecution because of their repugnant speech and beliefs over those who committed the same violence with the goal of disrupting political events.”
Boman was already free on bond, while Rundo was still being detained. Prosecutors on Wednesday requested that Rundo remain in custody pending the government’s appeal, which Carney denied.
“I don’t believe it’s warranted that Mr. Rundo spend one minute more in custody, so I’m going to release him forthwith,” Carney said. “I feel very comfortable in the decision I’ve made.”
The government later filed an emergency motion to stay Rundo’s release and keep him in custody. The motion said Rundo “presents a grave risk of flight, as well as a danger to the community.” And it asked that the release order be reversed.
“The government requests relief by February 22, 2024, so as to safeguard against Rundo’s potential flight from the United States,” the motion said.
The U.S. attorney’s office in Los Angeles, which prosecuted the case, did not immediately respond to a request for comment.
Outside the courtroom, Boman broke into tears.
A federal indictment had alleged that Boman was involved at least two separate acts of violence at rallies. It also alleged that Boman posted a photograph on Facebook showing himself and other RAM members, along with the comment, “Hail victory and the alt-reich.”
“I’m really ashamed from my old antics,” Boman said.
The federal indictment against Rundo alleged he and other defendants recruited new members to the organization, coordinated training in hand-to-hand combat, and traveled to political rallies to attack protesters at events across the state.
The indictment alleged that various members participated in attacks at political rallies in Huntington Beach on March 25, 2017; in Berkeley on April 15, 2017; and in San Bernardino on June 10, 2017. Afterward, they allegedly trained for future events and celebrated by posting photos online of RAM members assaulting people.
Rundo was accused not just of organizing the violent confrontations, but also of attacking protesters and police officers. After Rundo was ordered by police to stop attacking a “defenseless person” during the Berkeley protest, he allegedly punched an officer twice in the head, according to an arrest warrant.
Rundo was originally charged and arrested in October 2018 with two other alleged members, Boman and Tyler Laube of Redondo Beach.
Laube pleaded guilty in 2018 to a single count of conspiracy and admitted in a plea agreement to associating with Rise Above Movement members from January…
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