9th Circuit rules judge erred in ordering release of accused white supremacist

A now-retired Santa Ana federal judge erred when he ordered the release of white supremacist Robert Rundo, a 9th U.S. Circuit Court of Appeals panel has ruled.

U.S. District Judge Cormac J. Carney ordered Rundo's release earlier this year after dismissing charges against him. He concluded federal prosecutors pursued charges under the Anti-Riot Act against him and a co-defendant while ignoring nearly identical actions by left-wing protesters who clashed with them at three demonstrations in 2017.

The unpublished 9th Circuit decision, filed Tuesday, does not address the government's appeal of the dismissal ruling by Carney, an appointee of President George W. Bush. Instead, it reversed his February decision to release Rundo from custody over prosecutors' objections while that decision was appealed to the 9th U.S. Circuit Court of Appeals.

Rundo was subsequently re-arrested following an earlier 9th Circuit decision.

The panel wrote that Carney, who retired May 31, got the release decision wrong. U.S. v. Rundo, 24-2814 (9th Circ., filed May 2, 2024).

"The district court clearly erred when it found that Rundo did not 'pose a danger to the safety' of others," the panel wrote in an unsigned order. "This evidence included photographs and videos of Rundo physically assaulting people, and posts on social media where Rundo gloated about having used violence to harm people."

The three-judge panel also wrote that Carney was incorrect in stating Rundo was unlikely to flee if released. "Rundo had evaded the government for years by using fake passports and other identification, and he was only before the district court in this case because he was successfully extradited from Romania," they wrote. "The district court failed to mention this fact in its order."

The panel was comprised of 9th Circuit Judge Milan D. Smith, a Bush appointee; Senior 9th Circuit Judge Richard A. Paez, an appointee of President Bill Clinton; and U.S. District Judge Jon S. Tigar of the Northern District of California, an appointee of President Barack Obama who sat on the panel by designation.

The panel heard arguments on the government's appeal of Carney's decision to dismiss criminal charges against Rundo and co-defendant Robert Boman last month.