Three men linked to a white supremacy extremist group were indicted for attacks on political rallies in 2017. But the trial has turned into chaos as the Justice Department alleges the now-retired judge was obsessed with conspiracy theories about Antifa.
Law.com reporter Meghann Cuniff was following the trial Tuesday as the DOJ appealed decisions by U.S. District Judge Cormac Carney, who has since left the bench after calling a Black clerk "street smart."
From Cuniff's observations, the appeal didn't appear to be going well for the judge or lead defendant, Robert Rundo.
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"The district court fixated on Antifa, comparing 'far-left groups' to 'far-right groups' and dedicating the vast majority of its attention to groups (and unnamed members of such groups) rather than to specific individuals," the briefing from the DOJ claimed.
Rundo is “one of several defendants accused in this case of conspiring to cause riots at three political rallies through violence," Carney found in his ruling, Pasadena Now reported. "Though no jury has found him guilty of these charges, he has been detained for nearly 20 months."
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While Rundo admitted to "hateful ideology," Carney claimed the defendants “were not the true threat to democracy at the rallies. Contrary to the government’s accusations, it was antifa, a far-left extremist group, that posed the insidious threat to democracy.”
Bush-appointed Judge Milan D. Smith pointed out during the appeal proceedings that, among other things, "Carney cited hundreds of newspaper articles with no foundation for them at all."
Cuniff called the comment bad for both Rundo and Carney.
Smith joined Judges Richard A. Paez and Jon S. Tigar hearing the DOJ's case, asking that the case be sent back to court and the individuals involved be tried for their indicted crimes.
“We are prosecuting individuals associated with a militant white-supremacy organization who are charged in a federal grand jury indictment with participating in attacks against innocent individuals who were engaging in Constitutionally protected free speech,” U.S. Attorney Martin Estrada said in a statement which was reported by Cuniff on her legal affairs site.
You can watch the arguments below or at the link here.
Pasadena Courtroom 1 10:00 AM Tuesday 6/18 www.youtube.com