WEBVTT - The Rob Rundown

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<v Speaker 1>Cool Zone Media.

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<v Speaker 2>Hello, and welcome back to it could happen here. I

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<v Speaker 2>am once again you're a guest host, Molly Conger, and

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<v Speaker 2>joining me today is our friend Garrison.

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<v Speaker 3>Hello. Excited to get the Robert Rundo run down.

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<v Speaker 2>So you already know what we are talking about today.

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<v Speaker 2>It is a guy that you probably already know more

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<v Speaker 2>about than you ever wanted to. It is Rob Rundo,

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<v Speaker 2>the founder of the Nazi fight club the Rise Above movement.

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<v Speaker 2>You and Robert did a great two part Behind the

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<v Speaker 2>Bastards on RAM back in twenty twenty one.

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<v Speaker 3>Which is shockingly three years ago, which does not sound right,

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<v Speaker 3>but I guess is the case.

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<v Speaker 2>It's been a long three years for you, but an

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<v Speaker 2>even stranger one for Rob.

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<v Speaker 3>Yeah, he's been really a country hopic a lot the

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<v Speaker 3>past few years.

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<v Speaker 2>Huh, he's been busy. So when you recorded that episode

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<v Speaker 2>back in January of twenty twenty one, Rundo's federal charges

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<v Speaker 2>had been dismissed by Judge corn mat Karney in twenty nineteen.

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<v Speaker 2>The Ninth Circuit Court of Appeals overturned that decision in

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<v Speaker 2>March twenty twenty one, right around the time the episode

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<v Speaker 2>came out. I think at the end of the second

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<v Speaker 2>episode you had a PostScript, like an adendum you recorded afterwards,

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<v Speaker 2>because before it came out, the Ninth Circuit ruling had

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<v Speaker 2>been issued. Okay, okay, But in an almost comical turn

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<v Speaker 2>of events, Judge Carney has once again dismissed those charges

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<v Speaker 2>two weeks ago.

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<v Speaker 3>Now, so three years later, a few countries later, hopping

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<v Speaker 3>from from Serbia to the United States to probably other

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<v Speaker 3>places around Europe.

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<v Speaker 2>Yeah, and we're sort of back in the same position

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<v Speaker 2>you were in when you talked about him three years ago.

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<v Speaker 3>Times that's circle.

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<v Speaker 2>But before we get into one of the sort of

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<v Speaker 2>strangest legal slap fights I've ever read, let's back up

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<v Speaker 2>for a second. Who is Rob Rundo and what was

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<v Speaker 2>he charged with? Yeah, So, if you want a more

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<v Speaker 2>robust look at the early days of the Rise Above movement,

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<v Speaker 2>recommend going back and listening to that Behind the Bastards

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<v Speaker 2>two parter on the Rise Above Movement. It originally aired

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<v Speaker 2>in March twenty twenty one, So like, really scroll back

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<v Speaker 2>in your podcast app but we'll do a quick recap

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<v Speaker 2>here because it's not I can't assign the listener homework.

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<v Speaker 2>So so the Rise Above movement first emerged in early

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<v Speaker 2>twenty seventeen, after a brief period of being called the

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<v Speaker 2>DIY Division both stupid dames. I don't know which one's better,

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<v Speaker 2>but RAM, We're just gonna call them RAM. In twenty

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<v Speaker 2>seventeen was a big year for political violence. It was

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<v Speaker 2>it was really hot that year. The group was, on

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<v Speaker 2>its surface, a mixed martial arts club for white men.

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<v Speaker 2>They trained together and bonded over their shared and abhorrent

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<v Speaker 2>political views. In their own words, they are fighting against

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<v Speaker 2>the modern world corrupted by the destructive cultural influences of liberals, Jews, Muslims,

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<v Speaker 2>and immigrants, you know, and gay people and gay people. Yeah,

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<v Speaker 2>I'm just pretty much pretty much everybody except you know

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<v Speaker 2>themselves down.

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<v Speaker 3>Oh yeah.

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<v Speaker 2>Essentially, if you were not a member of the Nazi

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<v Speaker 2>Fight Club, you are a victim of the Nazi fight club.

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<v Speaker 3>That's the first rule of Nazi fight sure.

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<v Speaker 1>Whatever.

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<v Speaker 2>The first rule of Nazi fight Club was not don't

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<v Speaker 2>talk about Nazi fight club.

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<v Speaker 3>And I think that's because they shut it. They cannot

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<v Speaker 3>stop talking.

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<v Speaker 2>Like if they had just followed the first rule of

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<v Speaker 2>fight club, they might not be in this position. But

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<v Speaker 2>RAM quickly became a staple at rallies in southern California

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<v Speaker 2>that year. In the spring and summer of twenty seventeen,

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<v Speaker 2>they kept showing up and kept throwing punches. In March,

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<v Speaker 2>members assaulted journalists and counter protesters at a MAGA rally

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<v Speaker 2>in Huntington Beach. In April, they assaulted numerous counter protesters

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<v Speaker 2>at a rally in Berkeley. In August, RAM members attended

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<v Speaker 2>Unite the Right in Charlottesville and assaulted counter protesters in

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<v Speaker 2>the streets. Again. And you know, they're not just going

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<v Speaker 2>to these events and getting in fights, right, They're not

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<v Speaker 2>just like showing up and just like it just happens.

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<v Speaker 2>They're going to these events planning on committing these assaults

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<v Speaker 2>and then bragging about the assaults publicly and privately. They're

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<v Speaker 2>using these acts of violence as propaganda and recruitment tools,

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<v Speaker 2>right like they're making little videos they're posting about it.

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<v Speaker 2>It's not just about committing the assault. So the violence

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<v Speaker 2>is not just about physically hurting people. It's part of

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<v Speaker 2>a larger strategy to incite others to join them in

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<v Speaker 2>this project. And that's I mean, you already know this.

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<v Speaker 2>You covered that in your episode three years ago. This

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<v Speaker 2>is for everybody else.

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<v Speaker 3>And there, and they're still going. Unfortunately, these these they're

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<v Speaker 3>now often called active clubs, are more popular than what

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<v Speaker 3>they were three years ago. They've they've become a very

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<v Speaker 3>a very big staple of white supremacist organizing across the

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<v Speaker 3>United States and Canada, mirroring a lot of organizational styles

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<v Speaker 3>in Eastern Europe. There's probably one in your area that

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<v Speaker 3>you might not know about. They are active on telegram,

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<v Speaker 3>they're actively recruiting. They recruit from high schools. Is a

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<v Speaker 3>big increasing problem. As Patriot Front becomes more and more

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<v Speaker 3>like fed jacketed between their owned Nazi ranks, we have

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<v Speaker 3>see more people plugging into these these active clubs.

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<v Speaker 2>Right RAM did not go away. It's just sort of morphed.

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<v Speaker 2>And so back in twenty seventeen, you know, they said

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<v Speaker 2>they had a lot of members. They probably had like

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<v Speaker 2>twenty But now these active clubs just they do genuinely

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<v Speaker 2>have chapters all over the country. Yeah, but back in

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<v Speaker 2>the past, right so, after Unite the Right RAM members

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<v Speaker 2>decided to lay off the rallies a little bit, you know,

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<v Speaker 2>being seen on camera beating a woman into the pavement

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<v Speaker 2>at a rally that ended in a hate crime murder

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<v Speaker 2>invited some bad press, and they weren't looking to get

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<v Speaker 2>door knocks at that particular moment, so they backed off

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<v Speaker 2>a little bit at the end of twenty seventeen, but

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<v Speaker 2>they'd spent most of that year attending rallies and getting

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<v Speaker 2>into physical altercations. It wasn't until over a year after

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<v Speaker 2>Unite the Right in October of twenty eighteen, that there

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<v Speaker 2>was any attempt to do anything about this very obvious problem.

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<v Speaker 2>You know, the criminal complaint itself even says that some

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<v Speaker 2>of these assaults were committed in plain view of cops

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<v Speaker 2>who just stood there and did nothing while these guys

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<v Speaker 2>beat the shit out of people in the streets. You know,

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<v Speaker 2>they're in each other's dms, bragging about kicking a woman

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<v Speaker 2>in the head while she's lying on the ground, but

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<v Speaker 2>nobody lifted a finger to stop them. But in October

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<v Speaker 2>of twenty eighteen, two cases were filed. One in the

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<v Speaker 2>Western District of Virginia, charges were filed against Ben Dalley,

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<v Speaker 2>Cole White, Thomas Gillen, and Michael Miscelis, And a few

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<v Speaker 2>weeks later, in the Central District of California, charges were

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<v Speaker 2>filed against Rob Rundo, Robert Bowman, Tyler Loub and Aaron Eeson,

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<v Speaker 2>So all eight of them, four in each district. All

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<v Speaker 2>eight of them were charged under the Federal Riot Act

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<v Speaker 2>and conspiracy to riot. I think it was Robert who

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<v Speaker 2>said in the original RAM episode, you know, like if

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<v Speaker 2>at any point early on, like if at any point

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<v Speaker 2>in those first few months of this happening, there had

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<v Speaker 2>been any kind of intervention, if anyone had been arrested

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<v Speaker 2>in the act, maybe this could have been nipped in

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<v Speaker 2>the butt and a lot of what happens later wouldn't

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<v Speaker 2>have happened.

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<v Speaker 3>Or even if they were like beaten up, like if

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<v Speaker 3>like if a group of like Eddie Fastists like beat

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<v Speaker 3>them up, that would disidentifize them from going to future

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<v Speaker 3>events to try to beat other people. Right, Like, violence

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<v Speaker 3>is actually very good at doing this specific thing. And

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<v Speaker 3>if you feel like you're going to go somewhere to

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<v Speaker 3>get beat up, you probably don't want to go there.

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<v Speaker 3>And even like divorce from the actions of the state

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<v Speaker 3>like that is that is a demotivating factor which has

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<v Speaker 3>been effective against Proud Boys in Portland. Now, obviously some

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<v Speaker 3>of these guys, especially the RAM crew, go there with

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<v Speaker 3>the express interest of getting into fights so that's something

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<v Speaker 3>you should definitely consider. But yeah, like if as long

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<v Speaker 3>as they have a bad time, it makes them not

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<v Speaker 3>want to come to these things. But when they're able

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<v Speaker 3>to just beat up anyone they want to without any pushback,

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<v Speaker 3>it's like, yeah, it becomes like a fun thing. It

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<v Speaker 3>becomes like a large amount of incentive is gained for

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<v Speaker 3>going to a rally, whether that's in Huntington Beach or

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<v Speaker 3>halfway across the country.

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<v Speaker 1>Yeah.

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<v Speaker 2>I mean, they were having a great time and there

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<v Speaker 2>was no there was no movement to stop this, and

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<v Speaker 2>it's hard to know why it took over a year

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<v Speaker 2>for any charges to get brought. I think you speculated

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<v Speaker 2>in that ram episode a few years ago that it

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<v Speaker 2>was public pressure after that end up reporting came out

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<v Speaker 2>of mainstream press. But going back over the timeline and

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<v Speaker 2>that pro public apiece came out in October twenty seventeen,

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<v Speaker 2>that was just two months after Unite the Right and

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<v Speaker 2>a whole year before those charges were filed, it's not

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<v Speaker 2>really possible to know why they waited so long unless

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<v Speaker 2>some you know, young US attorney wants to level with

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<v Speaker 2>us about it.

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<v Speaker 3>But I don't foresee that, but probably not.

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<v Speaker 2>Just you know, what's going on behind the scenes. But

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<v Speaker 2>I do have one sort of interesting little anecdote. A

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<v Speaker 2>couple months ago, I was at an event here in Charlesville.

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<v Speaker 2>It was a panel discussion, and one of the speakers

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<v Speaker 2>was the US Attorney for the Western District of Virginia,

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<v Speaker 2>Chris Cavanaugh. He was speaking to a group of people

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<v Speaker 2>about the work that he does, and he's talking about

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<v Speaker 2>the work that he did on some of these sort

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<v Speaker 2>of extremism cases after Unite the Right. Back in twenty eighteen,

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<v Speaker 2>he was the assistant US attorney here. He's been promoted

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<v Speaker 2>since then, but he worked on the James Fields case,

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<v Speaker 2>and he worked on the RAM case that was filed

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<v Speaker 2>here in Virginia, and he said something really interesting that

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<v Speaker 2>I hadn't thought about before. So right after Unite the

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<v Speaker 2>Right in August twenty seventeen, a bunch of FBI agents

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<v Speaker 2>were assigned to, you know, check out what how here

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<v Speaker 2>at this mass casualty event. Right, they had the resources

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<v Speaker 2>to investigate and try to develop cases. You know, I

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<v Speaker 2>love my documents. I spent a lot of time in

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<v Speaker 2>the documents, so I've actually seen you know, they got

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<v Speaker 2>some federal search warrants. It was actually an FBI agent

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<v Speaker 2>who dug the round that Richard Preston fired at Corey

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<v Speaker 2>Long out of the mulch In Market Street Park. You know,

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<v Speaker 2>they got search warrants for social media for a couple

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<v Speaker 2>of guys who ended up prosecuted locally, Alex Ramos, Richard Preston,

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<v Speaker 2>and New Borton. So it looks like they were trying

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<v Speaker 2>to develop hate crime cases, right, Like that federal warrant

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<v Speaker 2>they got for Richard Preston's Twitter account said that they

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<v Speaker 2>were developing a hate crime case and they never did so,

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<v Speaker 2>Like right after Unite the Right, they're getting these warrants,

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<v Speaker 2>they're developing these cases. But back to that event that

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<v Speaker 2>I was at with Chris Kavanaugh, the US Attorney, He said,

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<v Speaker 2>when the Las Vegas shooting happened in October of twenty seventeen,

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<v Speaker 2>they lost their task force. They had this huge volume

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<v Speaker 2>of agents working trying to develop Unite the Right cases.

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<v Speaker 2>When that shooting happened two months later, they all got reassigned.

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<v Speaker 2>He was left like a skeleton crew, and they just

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<v Speaker 2>didn't have the resources to develop these cases. Like, I

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<v Speaker 2>don't know how the FBI is managing their resources internally

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<v Speaker 2>so badly. That they can only handle one mass casualty

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<v Speaker 2>event at a time, or why the Washington Field office

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<v Speaker 2>was so heavily impacted by a shooting in Nevada. But

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<v Speaker 2>that is what he said, So take that as you will.

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<v Speaker 2>And I think that theory is at least in part

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<v Speaker 2>supported by the fact that the federal charges against James

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<v Speaker 2>Fields didn't get brought until June of twenty eighteen. Right

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<v Speaker 2>he'd been charged locally for the car attack that killed

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<v Speaker 2>how they higher, but the federal charges didn't pop up

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<v Speaker 2>until June of twenty eighteen, So I don't know if

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<v Speaker 2>maybe something shifted in terms of resources in their office

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<v Speaker 2>that summer, I don't know. It's interesting to think about.

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<v Speaker 2>But then so in you know, back to October of

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<v Speaker 2>twenty eighteen, right when these two different RAM cases get filed.

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<v Speaker 2>Virginia's case was actually filed first. It was filed a

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<v Speaker 2>few weeks before the case in California, So I don't know.

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<v Speaker 2>I assumed they were in communication about that, but I

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<v Speaker 2>don't have any special insight into what their federal prosecute

0:11:00.240 --> 0:11:03.160
<v Speaker 2>was doing. But it's also possible that it just takes

0:11:03.200 --> 0:11:07.120
<v Speaker 2>the government a whole ass year to do anything. No

0:11:07.200 --> 0:11:10.559
<v Speaker 2>matter what right. In a recent filing in the Rundo case,

0:11:10.640 --> 0:11:13.560
<v Speaker 2>the government's talking about how this investigation was developed, and

0:11:13.600 --> 0:11:16.920
<v Speaker 2>it says, you're gonna shit a break Garrison. It says

0:11:16.920 --> 0:11:20.360
<v Speaker 2>that the FBI investigation into RAM only started when a

0:11:20.480 --> 0:11:25.480
<v Speaker 2>bartender in La called the FBI a few weeks after

0:11:25.640 --> 0:11:28.800
<v Speaker 2>Unite the Right because he overheard a patron Ben Day

0:11:29.440 --> 0:11:35.800
<v Speaker 2>quote gleefully bragging about having caused havoc during the riots. Amazing,

0:11:36.960 --> 0:11:39.760
<v Speaker 2>and he also quote bragged about hitting a guy and

0:11:39.800 --> 0:11:42.760
<v Speaker 2>punching a girl in the face during protests in Berkeley.

0:11:43.800 --> 0:11:45.599
<v Speaker 2>So that first comment was about Charlesville. He had just

0:11:45.640 --> 0:11:47.319
<v Speaker 2>come home from Charlesville. He was talking about how he

0:11:47.360 --> 0:11:50.080
<v Speaker 2>caused havoc. He's bragging about punching people in Berkeley, and

0:11:50.120 --> 0:11:54.559
<v Speaker 2>the bartender's like, hmm, that's kind of that's suspicious, suspicious.

0:11:55.440 --> 0:11:58.360
<v Speaker 2>This unnamed complainant also told the FBI that Daily and

0:11:58.400 --> 0:12:01.080
<v Speaker 2>other RAM members had come to the bar often and

0:12:01.160 --> 0:12:04.840
<v Speaker 2>sometimes used it for recruitment. They were recruiting the patrons

0:12:04.840 --> 0:12:07.560
<v Speaker 2>at this bar, and based on what he overheard, he

0:12:07.600 --> 0:12:09.840
<v Speaker 2>told the FBI that the group quote did not care

0:12:09.920 --> 0:12:12.880
<v Speaker 2>about the issues regarding the statues in Charlottesville. But rather

0:12:12.920 --> 0:12:16.520
<v Speaker 2>a quote enjoyed going to protests just to raise havoc,

0:12:16.720 --> 0:12:22.360
<v Speaker 2>cause trouble and fight. So it wasn't until a bartender

0:12:22.400 --> 0:12:24.000
<v Speaker 2>called the FBI to be like, Hey, this guy's talking

0:12:24.000 --> 0:12:26.680
<v Speaker 2>about like doing a lot of gang violence. I don't

0:12:26.679 --> 0:12:29.280
<v Speaker 2>know if you guys know about this. And according to

0:12:29.280 --> 0:12:32.600
<v Speaker 2>that same court filing, the FBI took until January of

0:12:32.640 --> 0:12:34.520
<v Speaker 2>twenty eighteen, so a few weeks after Unite the Right

0:12:34.520 --> 0:12:37.480
<v Speaker 2>and maybe we're looking at September. It took them three

0:12:37.600 --> 0:12:40.480
<v Speaker 2>or four more months until January of twenty eighteen to

0:12:40.559 --> 0:12:42.800
<v Speaker 2>discover in the course of their investigation that RAM was

0:12:42.840 --> 0:12:44.360
<v Speaker 2>based in southern California.

0:12:44.600 --> 0:12:48.240
<v Speaker 3>Great work, great work, everybody, fantastic stuff.

0:12:48.600 --> 0:12:52.199
<v Speaker 2>They're on it now, Garrison. And so at this point,

0:12:52.240 --> 0:12:54.760
<v Speaker 2>the LA Field Office opens an investigation into members in

0:12:54.840 --> 0:12:59.800
<v Speaker 2>the area. Now I kind of hope this isn't true, right,

0:13:01.240 --> 0:13:04.320
<v Speaker 2>Like I hope that this is not a correct summary

0:13:04.320 --> 0:13:06.959
<v Speaker 2>of the of these events, because if it really took

0:13:06.960 --> 0:13:08.880
<v Speaker 2>someone calling the FBI to say, like, hey, I heard

0:13:08.880 --> 0:13:11.559
<v Speaker 2>a guy bragging about doing crime in sem.

0:13:11.720 --> 0:13:14.480
<v Speaker 3>That definitely happed. No, that is definitely how this went down.

0:13:14.600 --> 0:13:16.679
<v Speaker 3>Absolutely that makes so much sense.

0:13:17.000 --> 0:13:20.040
<v Speaker 2>But then it took three months of investigating to figure

0:13:20.040 --> 0:13:22.600
<v Speaker 2>out that the guys who recruit for their Nazi gang

0:13:22.640 --> 0:13:25.160
<v Speaker 2>at a bar in LA probably live in La.

0:13:25.880 --> 0:13:30.200
<v Speaker 3>Yeah, yeah, I mean that is This is kind of

0:13:30.240 --> 0:13:32.880
<v Speaker 3>how the FBI investigates white supremasist groups.

0:13:33.520 --> 0:13:33.840
<v Speaker 2>But like.

0:13:36.400 --> 0:13:40.600
<v Speaker 3>They have they're too busy investigating teenagers in black hoodies.

0:13:40.880 --> 0:13:43.839
<v Speaker 3>They can't they can't bother to spare the manpower for this.

0:13:44.080 --> 0:13:45.520
<v Speaker 3>There's Antifa out there.

0:13:45.960 --> 0:13:48.520
<v Speaker 2>By the time they got this tip from the bartender,

0:13:48.679 --> 0:13:51.160
<v Speaker 2>that Pro Publica article was already out. Why did it

0:13:51.200 --> 0:13:53.080
<v Speaker 2>take them three months to find out that the guys

0:13:53.080 --> 0:13:56.680
<v Speaker 2>whose names were already in the newspaper lived in California.

0:13:56.800 --> 0:13:57.200
<v Speaker 2>I don't know.

0:13:57.800 --> 0:14:00.440
<v Speaker 3>I don't trust anyone who lives in Virginia.

0:14:02.000 --> 0:14:04.000
<v Speaker 2>So it took them a few months, Right, it took

0:14:04.080 --> 0:14:07.520
<v Speaker 2>some time. I hope that's not true, but it is

0:14:07.559 --> 0:14:10.480
<v Speaker 2>what the government has put on the record as the truth.

0:14:11.040 --> 0:14:13.520
<v Speaker 2>So anyway, that's how this case starts. Right, So, these

0:14:13.559 --> 0:14:15.559
<v Speaker 2>eight members of RAM are charged for in Virginia for

0:14:15.679 --> 0:14:19.200
<v Speaker 2>in California with rioting and conspiracy to riot. Just for

0:14:19.240 --> 0:14:21.880
<v Speaker 2>efficiency's sake, I'll just say that the cases in Virginia

0:14:21.920 --> 0:14:25.080
<v Speaker 2>are fully resolved. Daily Miss Eliskillen, and White all pleaded guilty.

0:14:25.560 --> 0:14:28.240
<v Speaker 2>There were some later unsuccessful appeals where when they after

0:14:28.280 --> 0:14:30.480
<v Speaker 2>they saw what happened in the California cases, they were like, ooh,

0:14:30.760 --> 0:14:33.480
<v Speaker 2>actually us too, can we But that didn't work and

0:14:33.520 --> 0:14:35.760
<v Speaker 2>their convictions stood. And that's all over.

0:14:36.480 --> 0:14:39.960
<v Speaker 3>Where is daily now? Is he out again? There he's out.

0:14:40.040 --> 0:14:41.920
<v Speaker 3>The he's out? Yeah yeah yeah.

0:14:41.960 --> 0:14:44.760
<v Speaker 2>White didn't get any additional time after his plea because

0:14:44.760 --> 0:14:46.800
<v Speaker 2>he was so cooperative, and the other three all got

0:14:47.000 --> 0:14:48.080
<v Speaker 2>less than three years.

0:14:48.280 --> 0:14:49.680
<v Speaker 3>Yeah yeah, yeah, so they're out.

0:14:50.640 --> 0:14:53.200
<v Speaker 2>But these California cases where Roundo is charged, they have

0:14:53.280 --> 0:14:57.600
<v Speaker 2>been a mess from day one, so the charge October

0:14:57.640 --> 0:15:01.160
<v Speaker 2>twenty eighteen. In twenty nineteen, Judge Corn Matt Carney dismissed

0:15:01.160 --> 0:15:03.640
<v Speaker 2>the charges in California, saying that the Riot Act was

0:15:03.720 --> 0:15:08.800
<v Speaker 2>unconstitutionally overbroad and its application violated the defendant's First Amendment rights.

0:15:08.840 --> 0:15:13.200
<v Speaker 3>So true, First Amendment defender here, that's right, travel across

0:15:13.200 --> 0:15:16.040
<v Speaker 3>state lines to riot endorsed by this judge.

0:15:17.120 --> 0:15:19.680
<v Speaker 2>That's free speech. Garrison like love it or leave it,

0:15:19.720 --> 0:15:24.400
<v Speaker 2>go back to Canada. So the prosecutor appealed that ruling

0:15:24.480 --> 0:15:28.280
<v Speaker 2>because it was hawk garbage. And the ninth Circuit agreed

0:15:28.800 --> 0:15:31.120
<v Speaker 2>it takes a long time for things to get appealed.

0:15:31.160 --> 0:15:34.320
<v Speaker 2>It's like slower than watching grass grow. So the Ninth

0:15:34.320 --> 0:15:37.120
<v Speaker 2>Circuit reversed that ruling in March of twenty twenty one,

0:15:37.440 --> 0:15:40.880
<v Speaker 2>reinstating the indictments. Things move really so, so you know, it

0:15:40.920 --> 0:15:42.880
<v Speaker 2>took two years for them to reverse it and then

0:15:42.880 --> 0:15:45.040
<v Speaker 2>another year to enter the order. So it wasn't until

0:15:45.040 --> 0:15:49.320
<v Speaker 2>February of twenty twenty two that the case was formally reopened.

0:15:49.320 --> 0:15:53.400
<v Speaker 3>In which case, around this time, Rondo's trying to like

0:15:53.640 --> 0:15:58.000
<v Speaker 3>hide in Eastern Europe and eventually get sent back to

0:15:58.040 --> 0:16:01.360
<v Speaker 3>the United States. Curiously, around the same time that Andrew Tate.

0:16:01.480 --> 0:16:07.720
<v Speaker 3>Does God imagine an Andrew tape Rob Rundo fight. Oh okay,

0:16:07.760 --> 0:16:09.600
<v Speaker 3>I wouldn't pay money because I don't want to support them,

0:16:09.760 --> 0:16:11.240
<v Speaker 3>but I would love to watch that.

0:16:11.560 --> 0:16:14.440
<v Speaker 2>Actually send them both back to Romania and let them fight.

0:16:14.680 --> 0:16:16.400
<v Speaker 3>Yeah, exactly, exactly.

0:16:18.160 --> 0:16:21.040
<v Speaker 2>So, by the time that the California ram defendants are

0:16:21.120 --> 0:16:24.600
<v Speaker 2>re indicted on the original charges, it's January of twenty

0:16:24.640 --> 0:16:26.960
<v Speaker 2>twenty three, and only three of them get re indicted

0:16:27.000 --> 0:16:28.480
<v Speaker 2>because Aaron Eeson has died.

0:16:29.760 --> 0:16:30.360
<v Speaker 3>So sad.

0:16:31.440 --> 0:16:32.440
<v Speaker 2>It doesn't say much.

0:16:32.240 --> 0:16:35.200
<v Speaker 3>More than that a tragic loss of life.

0:16:35.400 --> 0:16:36.640
<v Speaker 2>I don't know. I don't want to I guess I

0:16:36.640 --> 0:16:38.520
<v Speaker 2>don't want to speculate because it doesn't say on the record,

0:16:38.560 --> 0:16:41.160
<v Speaker 2>and I was unable to determine. I can't find anything

0:16:41.240 --> 0:16:43.400
<v Speaker 2>other than the court record dismissing his charges because he

0:16:43.480 --> 0:16:45.280
<v Speaker 2>was dead. I can't find any record of his death.

0:16:45.920 --> 0:16:49.360
<v Speaker 2>It must have just been, you know, private. But you know,

0:16:49.360 --> 0:16:51.000
<v Speaker 2>you were talking about that RAM episode a couple of

0:16:51.040 --> 0:16:52.720
<v Speaker 2>years ago about how you know they're all about clean

0:16:52.800 --> 0:16:53.640
<v Speaker 2>living and fighting.

0:16:53.680 --> 0:16:56.440
<v Speaker 3>They're all straight edge, except for all of the ones

0:16:56.480 --> 0:16:57.320
<v Speaker 3>who do trucks.

0:16:57.440 --> 0:17:00.160
<v Speaker 2>A lot of them have really serious drug problems. And

0:17:00.200 --> 0:17:01.840
<v Speaker 2>I don't know for a fact what was going on

0:17:01.880 --> 0:17:04.719
<v Speaker 2>with Aaron Eesan, but I know Robert Bowman had some

0:17:04.760 --> 0:17:07.760
<v Speaker 2>trouble staying out on bond due to a very severe

0:17:07.800 --> 0:17:12.160
<v Speaker 2>meth addiction. Yes, yes, so I don't know what happened

0:17:12.160 --> 0:17:14.119
<v Speaker 2>to Aaron Easton, but very very pure.

0:17:14.320 --> 0:17:15.879
<v Speaker 3>You gotta keep the blood line pure.

0:17:17.119 --> 0:17:19.600
<v Speaker 2>So the reindicted January twenty twenty three, And as you

0:17:19.640 --> 0:17:21.760
<v Speaker 2>guys talked about back in twenty twenty one, Rondo had

0:17:21.800 --> 0:17:24.399
<v Speaker 2>been living in Serbia for most of this time. He

0:17:24.560 --> 0:17:29.120
<v Speaker 2>is overseas making friends doing fight club, doing Nazi stuff.

0:17:28.760 --> 0:17:33.840
<v Speaker 3>Hang out, making bad T shirts, doing bad graffiti, mostly

0:17:33.880 --> 0:17:36.760
<v Speaker 3>opening up T shirt factories. It's really what he spent

0:17:36.840 --> 0:17:37.679
<v Speaker 3>a lot of time.

0:17:37.640 --> 0:17:41.200
<v Speaker 2>SERI really about the merch. You have to merchandise.

0:17:42.080 --> 0:17:45.600
<v Speaker 3>That's the Hey, if you took away one thing from

0:17:45.800 --> 0:17:49.080
<v Speaker 3>Revolt against the Modern World, it's that Ovola loved merch.

0:17:49.240 --> 0:17:52.240
<v Speaker 3>That's the biggest through line in that works. You got

0:17:52.240 --> 0:17:56.080
<v Speaker 3>to sell those stickers, man.

0:17:55.280 --> 0:17:59.520
<v Speaker 2>You have to. It's a sort of a pointy shaped operation. Right,

0:17:59.520 --> 0:18:02.040
<v Speaker 2>the guys will the bottom have to keep selling the

0:18:02.040 --> 0:18:04.640
<v Speaker 2>stickers to the guys, and he has to make new bottoms. Right,

0:18:04.680 --> 0:18:08.959
<v Speaker 2>There's there's no bottom. It is a pyramid scheme. Patriot

0:18:09.000 --> 0:18:10.280
<v Speaker 2>Runt is a pyramid scheme.

0:18:10.880 --> 0:18:14.840
<v Speaker 3>Well, and Patriot Front and Rondo had the same sticker

0:18:14.840 --> 0:18:19.960
<v Speaker 3>manufacturer for quite a while. Their websites, well, their merch

0:18:20.000 --> 0:18:21.480
<v Speaker 3>websites were identical.

0:18:22.920 --> 0:18:25.600
<v Speaker 2>Look, I mean, how many webmasters can these Nazi groups have.

0:18:25.800 --> 0:18:28.240
<v Speaker 2>It's got to be one guy. Yeah, they do not

0:18:28.359 --> 0:18:32.320
<v Speaker 2>have a graphic designer. So anyway, so he's in Serbia

0:18:32.400 --> 0:18:34.600
<v Speaker 2>in twenty twenty one, Serbia made a big show of

0:18:34.600 --> 0:18:37.000
<v Speaker 2>saying like, oh, like he's not welcome here, He's deported

0:18:37.000 --> 0:18:39.720
<v Speaker 2>to Bosnia. He was still in Serbia. I think Bell

0:18:39.760 --> 0:18:42.800
<v Speaker 2>and Kat has some great articles tracking exactly where in

0:18:42.920 --> 0:18:45.240
<v Speaker 2>Belgrade Rondo was hanging out. But Serbia was like, no,

0:18:45.280 --> 0:18:47.280
<v Speaker 2>he's not here, we can't he's not welcome here. He's

0:18:47.320 --> 0:18:49.600
<v Speaker 2>in Bosnia and Boni he was like, he's not fucking here.

0:18:50.720 --> 0:18:51.560
<v Speaker 2>He was in Serbia.

0:18:52.160 --> 0:18:54.880
<v Speaker 3>He kept trying to lie to He tried to like

0:18:54.880 --> 0:18:57.399
<v Speaker 3>like make people think he was somewhere else, but he

0:18:57.480 --> 0:19:00.760
<v Speaker 3>just couldn't stop posting. And if you ever post anything

0:19:00.800 --> 0:19:05.040
<v Speaker 3>outside or really even inside you you can be found.

0:19:05.080 --> 0:19:07.680
<v Speaker 3>So like, he couldn't stop posting in every single time

0:19:07.720 --> 0:19:11.720
<v Speaker 3>he'd be like, haha, the CIA assets a belly cat

0:19:11.840 --> 0:19:14.600
<v Speaker 3>think I'm here when in fact I'm actually over there,

0:19:14.680 --> 0:19:16.400
<v Speaker 3>and you're like, no, you're actually right here. It's really

0:19:16.440 --> 0:19:18.800
<v Speaker 3>easy to find out where you are. You posted yourself

0:19:18.800 --> 0:19:21.520
<v Speaker 3>standing next to this tree. There's only one type of

0:19:21.520 --> 0:19:23.560
<v Speaker 3>this tree in this area. It's obvious you're right here,

0:19:24.000 --> 0:19:24.439
<v Speaker 3>and it's.

0:19:24.320 --> 0:19:25.840
<v Speaker 2>Like you can post all you like. If you have

0:19:25.960 --> 0:19:28.359
<v Speaker 2>terminal posting disease, you can keep posting, which is like,

0:19:28.400 --> 0:19:31.160
<v Speaker 2>don't post photographs of yourself in a place.

0:19:31.600 --> 0:19:34.280
<v Speaker 3>He can't, he can't stop. He can't stop, won't stop.

0:19:34.480 --> 0:19:36.600
<v Speaker 3>My favorite old Rundo laur is that he had this

0:19:36.680 --> 0:19:39.879
<v Speaker 3>YouTube series called Tea Time with Robert Rundo that I

0:19:40.440 --> 0:19:43.639
<v Speaker 3>still think about about once a week where he would

0:19:43.640 --> 0:19:46.280
<v Speaker 3>give his Nazi followers advice on how to flee the

0:19:46.320 --> 0:19:49.919
<v Speaker 3>country if they have a felony while sitting at like

0:19:49.960 --> 0:19:53.560
<v Speaker 3>a European cafe, filming on his iPhone. It's the most

0:19:53.600 --> 0:19:55.200
<v Speaker 3>it's the funniest thing I've ever seen.

0:19:56.400 --> 0:19:59.159
<v Speaker 2>In the same world. Evidence like that would make a

0:19:59.240 --> 0:20:01.800
<v Speaker 2>judge say, I don't think we should let you back

0:20:01.800 --> 0:20:02.439
<v Speaker 2>out if you.

0:20:03.359 --> 0:20:07.120
<v Speaker 3>Let it tail, considering you made instructions.

0:20:08.240 --> 0:20:12.280
<v Speaker 2>So finally, in March of twenty twenty three, he's freshly reindicted.

0:20:12.280 --> 0:20:14.440
<v Speaker 2>In January twenty twenty three. March of twenty twenty three,

0:20:15.040 --> 0:20:17.920
<v Speaker 2>the Romanian police are like, we fucking found him, got

0:20:18.240 --> 0:20:20.679
<v Speaker 2>he's here in Romania. So he's arrested in Romania and

0:20:20.720 --> 0:20:22.359
<v Speaker 2>it takes a few months to sort out all the

0:20:22.359 --> 0:20:24.800
<v Speaker 2>paperwork and get him extradited back to the US in

0:20:24.840 --> 0:20:28.920
<v Speaker 2>August of twenty twenty three. You know what won't get

0:20:28.960 --> 0:20:32.000
<v Speaker 2>you indicted on federal felony charges that result in you

0:20:32.080 --> 0:20:33.959
<v Speaker 2>being extradited from a Romanian prison.

0:20:34.760 --> 0:20:37.240
<v Speaker 3>Listening to these ads as long as we declare them

0:20:37.280 --> 0:20:41.200
<v Speaker 3>as my FTC training today taught me how to do. So. Yes,

0:20:41.240 --> 0:20:43.320
<v Speaker 3>these are all paid advertisements. We're not allowed to call

0:20:43.359 --> 0:20:47.640
<v Speaker 3>them promoted content. We have to call them ads. These

0:20:47.680 --> 0:20:50.359
<v Speaker 3>are advertised I believe that was part of my training today.

0:20:50.520 --> 0:20:54.520
<v Speaker 3>So to make sure I don't go to prison enjoy

0:20:54.600 --> 0:20:57.000
<v Speaker 3>these paid advertisements.

0:21:07.520 --> 0:21:11.280
<v Speaker 2>Well, I hope you enjoyed those paid advertisement.

0:21:10.640 --> 0:21:13.760
<v Speaker 3>Paid ads. This is weird. We're only airing them because

0:21:13.760 --> 0:21:17.720
<v Speaker 3>they're paying us money. These are not our sincere belief. Way.

0:21:18.119 --> 0:21:20.600
<v Speaker 3>We can't say that either. There's really no way to win.

0:21:20.800 --> 0:21:23.200
<v Speaker 3>There's no way to win here anyway.

0:21:23.400 --> 0:21:25.400
<v Speaker 2>I'm going to the war against the FTC.

0:21:26.040 --> 0:21:27.400
<v Speaker 3>So so true.

0:21:28.000 --> 0:21:29.679
<v Speaker 2>So that more or less gets us up to the

0:21:29.680 --> 0:21:33.960
<v Speaker 2>current controversy. So we get Rundo back August twenty twenty three,

0:21:34.119 --> 0:21:37.000
<v Speaker 2>and then February twenty twenty four, about ten days ago,

0:21:37.240 --> 0:21:42.720
<v Speaker 2>Judge Carney dismisses the case again. So back in twenty nineteen,

0:21:42.760 --> 0:21:45.080
<v Speaker 2>Carney said, no, there's no crime here. This is just

0:21:45.080 --> 0:21:47.720
<v Speaker 2>protective for some m activities. You can't use the Riot Act.

0:21:47.720 --> 0:21:50.600
<v Speaker 2>That's unconstitutional, right, And he dismisses the case and the

0:21:50.680 --> 0:21:54.160
<v Speaker 2>Ninth Circuit says, no, no, I don't think so that's

0:21:54.160 --> 0:21:55.879
<v Speaker 2>not how we're reading this. You got to take the

0:21:55.880 --> 0:21:59.880
<v Speaker 2>case back. So it gets remanded back to the same judge.

0:22:00.080 --> 0:22:02.520
<v Speaker 2>It goes back to Judge Karney, but of course Rendo's

0:22:02.520 --> 0:22:04.360
<v Speaker 2>missing now. It takes a while to get him back.

0:22:04.359 --> 0:22:06.000
<v Speaker 2>And so he finally gets his defendant back from his

0:22:06.080 --> 0:22:08.320
<v Speaker 2>Nazi layer in Eastern Europe, he has to come up

0:22:08.359 --> 0:22:11.200
<v Speaker 2>with a new reason why a Nazi street fighting gang

0:22:11.240 --> 0:22:14.159
<v Speaker 2>shouldn't be charged with a crime. Okay, So, like it's obvious,

0:22:14.200 --> 0:22:16.560
<v Speaker 2>he just doesn't want to fucking try this case. So

0:22:16.600 --> 0:22:19.280
<v Speaker 2>he has to come up with a new reason. And honestly,

0:22:19.320 --> 0:22:22.119
<v Speaker 2>I think no shade to the federal public defender, right,

0:22:22.160 --> 0:22:25.760
<v Speaker 2>Rendo has a public defender. It is their job to

0:22:25.920 --> 0:22:27.880
<v Speaker 2>throw everything at the wall and see what sticks. They're

0:22:27.920 --> 0:22:30.239
<v Speaker 2>providing zealous defense to their clients. So they write up

0:22:30.280 --> 0:22:33.520
<v Speaker 2>what I would say, in my personal opinion, was an

0:22:33.560 --> 0:22:37.440
<v Speaker 2>absolute dogshit motion, and I think maybe they knew that too.

0:22:37.600 --> 0:22:39.600
<v Speaker 2>I don't know, they're just doing their jobs. I think

0:22:39.640 --> 0:22:42.520
<v Speaker 2>Judge Karney would have agreed with whatever they put on paper.

0:22:42.760 --> 0:22:44.760
<v Speaker 2>He gets this motion and he's like, yes, for sure,

0:22:44.880 --> 0:22:49.000
<v Speaker 2>dismissed again. So true, and this time it's selective prosecution.

0:22:49.200 --> 0:22:51.160
<v Speaker 2>That if the government wants to charge Ram with riding,

0:22:51.600 --> 0:22:53.760
<v Speaker 2>they would have had to charge Antifa too, because otherwise

0:22:53.760 --> 0:22:56.720
<v Speaker 2>it's not fair. What should they do all the fucking time?

0:22:58.920 --> 0:23:00.520
<v Speaker 2>It's just not fair.

0:23:00.760 --> 0:23:05.320
<v Speaker 3>I mean this case does actually like showcase like selective prosecution,

0:23:05.480 --> 0:23:08.359
<v Speaker 3>the fact that you are super willing to drop charges

0:23:08.359 --> 0:23:11.479
<v Speaker 3>against a white sutrematist but will send like quote unquote

0:23:11.480 --> 0:23:15.640
<v Speaker 3>Antifa gay gay teenagers to prison for going to going

0:23:15.640 --> 0:23:19.760
<v Speaker 3>to a BLM protest. Like, yeah, that actually does showactly

0:23:19.920 --> 0:23:23.560
<v Speaker 3>exactly how these cases are very selectively prosecuted.

0:23:23.920 --> 0:23:25.720
<v Speaker 2>Right, Like these guys are playing on easy mode and

0:23:25.760 --> 0:23:28.280
<v Speaker 2>as soon as they draw the wrong card, it's like, well,

0:23:28.280 --> 0:23:31.200
<v Speaker 2>this deck is stacked, this deck is stacked, right, and

0:23:31.280 --> 0:23:33.720
<v Speaker 2>so not. I'm like, we talked about this before a Garrison.

0:23:33.840 --> 0:23:35.919
<v Speaker 2>I'm not a lawyer, we know this, but I am

0:23:35.960 --> 0:23:38.920
<v Speaker 2>an enthusiastic consumer of the law, and I did read

0:23:38.960 --> 0:23:44.119
<v Speaker 2>a bunch of law review articles today. Okay, selective prosecution

0:23:44.800 --> 0:23:47.800
<v Speaker 2>sounds like the kind of thing that could work, right, Like, oh,

0:23:47.840 --> 0:23:52.159
<v Speaker 2>it's not constitutional to selectively prosecute based on maybe a

0:23:52.200 --> 0:23:55.000
<v Speaker 2>protected characteristic right like if you're only prosecuting black people

0:23:55.040 --> 0:23:57.320
<v Speaker 2>for a crime, like, of course that's wrong. But here's

0:23:57.320 --> 0:24:02.080
<v Speaker 2>the thing. It doesn't work. It never works. This is

0:24:02.080 --> 0:24:04.800
<v Speaker 2>not an argument that is effective. I want't say it

0:24:04.840 --> 0:24:08.080
<v Speaker 2>never works. It is generally not an effective argument, even

0:24:08.119 --> 0:24:11.080
<v Speaker 2>when a layperson could look at it and say, oh, yeah,

0:24:11.119 --> 0:24:13.600
<v Speaker 2>that is kind fucked up. It just doesn't work. You

0:24:13.640 --> 0:24:15.880
<v Speaker 2>can't just walk into court and say, you know, well,

0:24:15.920 --> 0:24:18.360
<v Speaker 2>your honor, I was speeding, but so is everybody else

0:24:18.400 --> 0:24:20.840
<v Speaker 2>on the interstate. It's unconstitutional to give me a ticket

0:24:20.920 --> 0:24:23.679
<v Speaker 2>unless everyone gets a ticket, right that. It's not how

0:24:23.720 --> 0:24:24.159
<v Speaker 2>it works.

0:24:24.560 --> 0:24:25.960
<v Speaker 3>They're picking on me.

0:24:26.119 --> 0:24:29.800
<v Speaker 2>It's yeah, you can't just say, you know, other people

0:24:29.840 --> 0:24:32.000
<v Speaker 2>did what I did, but I'm the only one standing here,

0:24:32.040 --> 0:24:35.200
<v Speaker 2>so it's not fair. You have to there's an actual

0:24:35.200 --> 0:24:37.359
<v Speaker 2>structure to this. Oh Jay got away with it. That

0:24:37.400 --> 0:24:41.320
<v Speaker 2>means I should too, right, right, We're not catching every murderer,

0:24:41.359 --> 0:24:43.159
<v Speaker 2>so like, yeah, I should get a freebee.

0:24:43.440 --> 0:24:44.280
<v Speaker 3>Yeah.

0:24:44.760 --> 0:24:46.639
<v Speaker 2>So you have to show not only that there was

0:24:46.720 --> 0:24:50.600
<v Speaker 2>a particular other individual who engaged in the same conduct

0:24:50.680 --> 0:24:54.520
<v Speaker 2>who was not charged, but also that quote a federal

0:24:54.560 --> 0:24:59.119
<v Speaker 2>prosecutorial policy had a discriminatory effect, and it was motivated

0:24:59.200 --> 0:25:03.119
<v Speaker 2>by a discriminate tory purpose. So in the speeding ticket analogy, right,

0:25:03.160 --> 0:25:05.280
<v Speaker 2>you'd have to say, you know, I was doing eighty

0:25:05.320 --> 0:25:07.920
<v Speaker 2>in the school zone, but so were these three other

0:25:08.000 --> 0:25:11.880
<v Speaker 2>particular women like John, Jane and Gina were all doing

0:25:11.920 --> 0:25:14.679
<v Speaker 2>it too, and we all got pulled over. But the

0:25:14.720 --> 0:25:18.120
<v Speaker 2>cop only gave me a ticket because he hates men

0:25:18.400 --> 0:25:21.040
<v Speaker 2>or something, right, Like, you would have to.

0:25:21.040 --> 0:25:23.320
<v Speaker 3>Show that based miss andres cop.

0:25:23.920 --> 0:25:25.959
<v Speaker 2>Right, So you'd have to show that other people did

0:25:25.960 --> 0:25:28.560
<v Speaker 2>the exact same thing you did, and it was possible

0:25:28.600 --> 0:25:31.080
<v Speaker 2>for them to have gotten in trouble too, yeah, but

0:25:31.160 --> 0:25:34.040
<v Speaker 2>they didn't because of a particular form of discrimination.

0:25:34.600 --> 0:25:34.800
<v Speaker 3>Yeah.

0:25:35.280 --> 0:25:37.600
<v Speaker 2>So in order to make a valid claim of selective prosecution,

0:25:37.760 --> 0:25:41.560
<v Speaker 2>Rondo's lawyers would have to say, Look, here's Joe Antifa,

0:25:41.640 --> 0:25:44.560
<v Speaker 2>a real guy who exists, and here is a materially

0:25:44.640 --> 0:25:47.919
<v Speaker 2>similar set of circumstances in which Joe Antifa ran an

0:25:48.000 --> 0:25:50.800
<v Speaker 2>organized group that got into fights on purpose, provoked confrontations,

0:25:50.880 --> 0:25:52.879
<v Speaker 2>chase people to their cars, beat women in the streets,

0:25:52.880 --> 0:25:55.080
<v Speaker 2>and then use that footage to recruit people to his gang.

0:25:55.200 --> 0:25:58.760
<v Speaker 2>Right Like, here's Joe Antifa bragging online about targeting members

0:25:58.760 --> 0:26:01.680
<v Speaker 2>of a particular minority group. Brutal gang assaults at political rallies.

0:26:01.720 --> 0:26:04.760
<v Speaker 2>Here's his group actively planning and organizing to travel to

0:26:04.800 --> 0:26:06.920
<v Speaker 2>different cities in other states across the country with the

0:26:06.960 --> 0:26:10.280
<v Speaker 2>explicit and stated goal of provoking and attacking people. Right,

0:26:10.280 --> 0:26:13.720
<v Speaker 2>you can't just say, well, Antifa didn't get charged. You

0:26:13.800 --> 0:26:18.040
<v Speaker 2>have to present an actual person who did what you did,

0:26:19.240 --> 0:26:21.240
<v Speaker 2>not just some other guy who did something you don't

0:26:21.359 --> 0:26:24.080
<v Speaker 2>like or somebody else who maybe did kind of a crime.

0:26:24.240 --> 0:26:26.760
<v Speaker 2>You have to say, this is a specific person and

0:26:26.840 --> 0:26:30.399
<v Speaker 2>he did what I did in a materially similar way

0:26:31.200 --> 0:26:33.320
<v Speaker 2>to the same degree that I did it, and with

0:26:33.480 --> 0:26:35.160
<v Speaker 2>just as much evidence to support that.

0:26:35.920 --> 0:26:36.280
<v Speaker 3>Yeah.

0:26:36.320 --> 0:26:39.119
<v Speaker 2>And in the Ram case, there's so much evidence because

0:26:39.119 --> 0:26:44.119
<v Speaker 2>they couldn't stop fucking posting, So they can't produce evidence

0:26:44.160 --> 0:26:47.840
<v Speaker 2>that Antifa, to whatever degree that's a meaningful term here,

0:26:48.760 --> 0:26:51.919
<v Speaker 2>engaged in similar behavior to what the evidence shows Ram did. Right,

0:26:51.920 --> 0:26:54.960
<v Speaker 2>It's not just other people were fighting. And in this

0:26:55.000 --> 0:26:57.880
<v Speaker 2>case that's kind of preposterous because the evidence does show

0:26:57.960 --> 0:27:01.320
<v Speaker 2>that they specifically bragged, Like there's a text that was

0:27:01.359 --> 0:27:04.119
<v Speaker 2>produced from Ben Daley bragging about how they were first

0:27:04.119 --> 0:27:08.159
<v Speaker 2>through the barricades at Berkeley. So you're acknowledging that you

0:27:08.200 --> 0:27:10.760
<v Speaker 2>know there was this big riot and that you started it.

0:27:11.960 --> 0:27:14.520
<v Speaker 2>Sure other people were fighting in the riot that you

0:27:14.840 --> 0:27:18.960
<v Speaker 2>started on purpose, So no one else can be similarly

0:27:19.000 --> 0:27:22.320
<v Speaker 2>situated to you, Because even if they were fighting you

0:27:22.400 --> 0:27:25.240
<v Speaker 2>started it. There has to be a real, actual, other

0:27:25.320 --> 0:27:29.400
<v Speaker 2>person who is similarly situated. That's an actual legal term

0:27:29.400 --> 0:27:33.240
<v Speaker 2>that encompasses a set of criteria. Is there a similar

0:27:33.240 --> 0:27:36.119
<v Speaker 2>amount of evidence against this other person? Would it take

0:27:36.160 --> 0:27:39.159
<v Speaker 2>a similar amount of state resources to investigate, arrest, and

0:27:39.200 --> 0:27:44.719
<v Speaker 2>convict this person. We just don't have an organized, militant

0:27:44.760 --> 0:27:47.440
<v Speaker 2>street gang of Antifa that sold branded apparel and bragged

0:27:47.440 --> 0:27:51.639
<v Speaker 2>about crimes online. There is no similarly situated, uncharged actor

0:27:51.720 --> 0:27:55.200
<v Speaker 2>on the other side of this. That person doesn't exist.

0:27:55.800 --> 0:27:59.440
<v Speaker 2>But it's even more than that. Even if we did

0:27:59.440 --> 0:28:02.280
<v Speaker 2>have Joe Antifa, the gang leader who's bragging online about

0:28:02.320 --> 0:28:06.639
<v Speaker 2>doing this kind of stuff, even if he existed, Even then,

0:28:06.800 --> 0:28:10.119
<v Speaker 2>even then there is what's called prosecutorial discretion. There may

0:28:10.160 --> 0:28:12.879
<v Speaker 2>be reasons that we just aren't entitled to know about

0:28:12.880 --> 0:28:15.000
<v Speaker 2>as to why a prosecutor made the decisions they did

0:28:15.000 --> 0:28:18.920
<v Speaker 2>about who gets charged. For a selective prosecution argument to work,

0:28:18.960 --> 0:28:20.679
<v Speaker 2>you have to show that this decision was made for

0:28:20.720 --> 0:28:25.120
<v Speaker 2>a discriminatory purpose, and that's really hard to do because

0:28:25.160 --> 0:28:27.760
<v Speaker 2>they're not going to tell you that, right. You know,

0:28:27.760 --> 0:28:30.800
<v Speaker 2>in an ideal world, selective prosecution would be an argument raised,

0:28:31.400 --> 0:28:34.080
<v Speaker 2>you know, about racial bias, because we do know that

0:28:34.160 --> 0:28:38.200
<v Speaker 2>there is racial bias and who is investigated, arrested, charged,

0:28:38.240 --> 0:28:40.640
<v Speaker 2>and convicted for crimes, like at every step along the way,

0:28:40.960 --> 0:28:43.280
<v Speaker 2>there's a thumb on the scale against people of color.

0:28:43.800 --> 0:28:47.000
<v Speaker 2>And even then, even when it is so obvious, even

0:28:47.000 --> 0:28:48.720
<v Speaker 2>when you have, you know, a prosecutor who is a

0:28:48.760 --> 0:28:52.640
<v Speaker 2>member of the fucking clan, even then these arguments don't

0:28:52.720 --> 0:28:58.800
<v Speaker 2>tend to work. This should not have worked. But Judge

0:28:58.840 --> 0:29:02.080
<v Speaker 2>Carney clearly just doesn't want this case prosecuted, right. I

0:29:02.120 --> 0:29:05.360
<v Speaker 2>think it's it's very obvious that he just like thinks

0:29:05.440 --> 0:29:07.360
<v Speaker 2>Rob Rundo is a nice boy who shouldn't have to

0:29:07.400 --> 0:29:12.080
<v Speaker 2>go to jail for this. He is also, i think, notably,

0:29:12.240 --> 0:29:17.840
<v Speaker 2>about to retire. He hits he hits the minimum retirement

0:29:17.880 --> 0:29:20.720
<v Speaker 2>age in May, and he is going to retire the

0:29:21.080 --> 0:29:24.440
<v Speaker 2>day that he can. I think Megan Cuniff, who has

0:29:24.440 --> 0:29:27.280
<v Speaker 2>a great blog, Legal Affairs, she's been covering this case.

0:29:28.200 --> 0:29:30.640
<v Speaker 2>She noted in a tweet, a few weeks ago that

0:29:31.440 --> 0:29:34.200
<v Speaker 2>she knows that he intends to retire because he in

0:29:34.280 --> 0:29:37.000
<v Speaker 2>rescheduling some hearings, said that that was the only day

0:29:37.040 --> 0:29:39.240
<v Speaker 2>he could go to the retirement benefits class that he

0:29:39.280 --> 0:29:41.000
<v Speaker 2>needs to go to to make sure he can retire

0:29:41.320 --> 0:29:43.560
<v Speaker 2>the day he's eligible in May. So he just doesn't

0:29:44.000 --> 0:29:45.560
<v Speaker 2>he just doesn't want to deal with this. Right that

0:29:45.640 --> 0:29:48.280
<v Speaker 2>this was scheduled to go to trial in March and

0:29:48.320 --> 0:29:51.280
<v Speaker 2>he's retiring in May. He just doesn't want to do it.

0:29:52.800 --> 0:29:58.800
<v Speaker 3>What's the even the point anymore? What's what? I just

0:29:59.080 --> 0:30:01.640
<v Speaker 3>it's like, why, well, why are they even trying here?

0:30:01.760 --> 0:30:04.280
<v Speaker 3>Like it just just just like kick the can down

0:30:04.320 --> 0:30:06.680
<v Speaker 3>to someone else if you don't want to like deal

0:30:06.760 --> 0:30:09.240
<v Speaker 3>with this. I don't know, it's turning this whole like

0:30:09.360 --> 0:30:11.360
<v Speaker 3>I don't know. I've read other things from this judge

0:30:11.360 --> 0:30:13.760
<v Speaker 3>how he's like he's like very much into like this

0:30:13.760 --> 0:30:16.360
<v Speaker 3>big like Antifa conspiracy theory, and.

0:30:16.320 --> 0:30:18.480
<v Speaker 2>He's a little bit racist, Like there was an issue

0:30:18.480 --> 0:30:21.040
<v Speaker 2>he's oh, I'm shocked. He was chief judge of the

0:30:21.080 --> 0:30:23.200
<v Speaker 2>circuit briefly, but he had to step down, so he's

0:30:23.200 --> 0:30:26.680
<v Speaker 2>still a judge in the Central District of California. But

0:30:26.680 --> 0:30:28.480
<v Speaker 2>he's not the chief judge anymore because he made a

0:30:28.560 --> 0:30:32.479
<v Speaker 2>racist comment to the Clerk of Court. So he's I mean,

0:30:32.520 --> 0:30:34.880
<v Speaker 2>I think there's some stuff going on with Judge Carney,

0:30:35.040 --> 0:30:36.880
<v Speaker 2>So I think he knows when he made this ruling

0:30:36.960 --> 0:30:38.680
<v Speaker 2>that like the Ninth Circuit's gonna send it back, but

0:30:38.680 --> 0:30:40.479
<v Speaker 2>that's not gonna be his problem anymore because he's out

0:30:40.520 --> 0:30:43.960
<v Speaker 2>of here in May. So you heard this like absolute

0:30:44.080 --> 0:30:46.800
<v Speaker 2>dog shit argument and he was like, so true, King,

0:30:46.880 --> 0:30:49.920
<v Speaker 2>this is not fair. You are free to go go ahead,

0:30:51.000 --> 0:30:53.600
<v Speaker 2>and he let him out same day, Like he heard

0:30:53.600 --> 0:30:57.720
<v Speaker 2>this argument. He was like, absolutely, that's the one. Go

0:30:57.800 --> 0:31:00.520
<v Speaker 2>on home. And he let him out that day. If

0:31:00.520 --> 0:31:02.520
<v Speaker 2>he was attorney made a motion for an emergency stay,

0:31:02.560 --> 0:31:05.280
<v Speaker 2>saying like, okay, well, let's just let's not get ahead

0:31:05.280 --> 0:31:06.880
<v Speaker 2>of ourselves. Why don't we just hang on to him

0:31:07.040 --> 0:31:08.680
<v Speaker 2>till we can talk to the Ninth Circuit about this,

0:31:08.720 --> 0:31:11.640
<v Speaker 2>because I don't know. And that's pretty normal. That would

0:31:11.680 --> 0:31:14.120
<v Speaker 2>be normal for the judge to say, let's give it

0:31:14.160 --> 0:31:16.479
<v Speaker 2>a day. I mean, I want him release, but we'll

0:31:16.480 --> 0:31:18.040
<v Speaker 2>give it a day. We'll let you get your paperwork

0:31:18.040 --> 0:31:19.800
<v Speaker 2>in order. No, he just let him out, just let

0:31:19.880 --> 0:31:23.320
<v Speaker 2>him out right that day and considering his history of

0:31:23.320 --> 0:31:26.959
<v Speaker 2>fleeing the country, not the call I would have made.

0:31:27.360 --> 0:31:29.080
<v Speaker 3>It is quite the choice.

0:31:30.280 --> 0:31:32.320
<v Speaker 2>So the very next day, the Ninth Circuit was like,

0:31:32.480 --> 0:31:34.920
<v Speaker 2>hold on, let's get him back in custity while we

0:31:34.960 --> 0:31:38.520
<v Speaker 2>think about this. And it makes no sense for CARNEI

0:31:38.640 --> 0:31:41.240
<v Speaker 2>to deny the emergency stay. That would be really normal

0:31:41.920 --> 0:31:44.400
<v Speaker 2>to stay the decision until we have a chance to

0:31:44.400 --> 0:31:46.560
<v Speaker 2>sort of think this through. Right, even if he truly

0:31:46.600 --> 0:31:49.080
<v Speaker 2>believed with his whole heart that there's no way that

0:31:49.120 --> 0:31:50.960
<v Speaker 2>this would ever get kicked back by the Ninth Circuit,

0:31:50.960 --> 0:31:52.800
<v Speaker 2>that the case would stay dismissed and Rundo would be

0:31:52.800 --> 0:31:55.560
<v Speaker 2>free to go, it would not be unusual to say,

0:31:56.000 --> 0:31:58.400
<v Speaker 2>you know, well, this has been pretty contentious. The defendant

0:31:58.400 --> 0:32:01.520
<v Speaker 2>has fled the country multiple time, so let's just hang

0:32:01.560 --> 0:32:03.720
<v Speaker 2>on to him for twenty four forty eight hours while

0:32:03.760 --> 0:32:05.880
<v Speaker 2>we go through the motions of getting that emergency hearing.

0:32:05.880 --> 0:32:09.000
<v Speaker 2>But that's not what happened, because Robert Rundo is the

0:32:09.120 --> 0:32:11.040
<v Speaker 2>definition of a flight risk.

0:32:12.520 --> 0:32:17.800
<v Speaker 3>Yes he is. Like he's the platonic ideal form of

0:32:17.800 --> 0:32:18.600
<v Speaker 3>a flight risk.

0:32:19.200 --> 0:32:21.080
<v Speaker 2>I've sat through a lot of bond hearings and I

0:32:21.080 --> 0:32:23.720
<v Speaker 2>know we are definitely not all using the same dictionary

0:32:23.720 --> 0:32:25.480
<v Speaker 2>here when it comes to what is a flight risk.

0:32:25.840 --> 0:32:28.640
<v Speaker 2>But you really can't find a guy who has done

0:32:28.680 --> 0:32:31.320
<v Speaker 2>more to demonstrate than he absolutely can and will flee

0:32:31.360 --> 0:32:34.760
<v Speaker 2>the country to avoid going back to court. He does

0:32:34.800 --> 0:32:37.280
<v Speaker 2>not want to go to court. So back in twenty eighteen,

0:32:37.520 --> 0:32:41.440
<v Speaker 2>when those two prosecutions were initially filed, right, the Virginia

0:32:41.480 --> 0:32:44.960
<v Speaker 2>case was filed first, So when Ben Daley was arrested,

0:32:45.360 --> 0:32:48.640
<v Speaker 2>the charges hadn't actually been filed yet against rob Rundo.

0:32:49.040 --> 0:32:51.200
<v Speaker 2>But I guess when they came to get Ben on

0:32:51.240 --> 0:32:54.240
<v Speaker 2>October second, so eighteen days before the charges were filed

0:32:54.240 --> 0:32:56.920
<v Speaker 2>against rob Rundo himself, they came to get Ben in

0:32:57.080 --> 0:33:00.280
<v Speaker 2>La and he's like, mm, time to get out of dodge.

0:33:00.440 --> 0:33:01.800
<v Speaker 2>So I think that was the moment he was like

0:33:02.160 --> 0:33:05.640
<v Speaker 2>I gotta go. You know, he knew they might be

0:33:05.720 --> 0:33:11.080
<v Speaker 2>coming for him next. So first he tries going to Ukraine,

0:33:11.080 --> 0:33:13.120
<v Speaker 2>which is a great place for a militant right wing

0:33:13.160 --> 0:33:16.040
<v Speaker 2>extremists to go hang out with friends, right, And unfortunately

0:33:16.040 --> 0:33:19.640
<v Speaker 2>for him, his flight had a layover in London. I

0:33:19.720 --> 0:33:21.680
<v Speaker 2>don't know if it like didn't occur to him that

0:33:21.920 --> 0:33:25.480
<v Speaker 2>maybe when they look at your passport, like maybe maybe

0:33:25.520 --> 0:33:27.840
<v Speaker 2>the US government like anticipated that you would do this,

0:33:28.560 --> 0:33:30.400
<v Speaker 2>but so he throw looks at his at his passport.

0:33:30.480 --> 0:33:33.000
<v Speaker 2>It was like mm, the US government says, do not

0:33:33.040 --> 0:33:35.240
<v Speaker 2>pass go, do not collect two hundred dollars, do not

0:33:35.280 --> 0:33:38.400
<v Speaker 2>proceed to Nazi asylum. And they turn him back. Now

0:33:38.440 --> 0:33:41.040
<v Speaker 2>mind you, he's not arrested yet, right, They just won't

0:33:41.080 --> 0:33:42.080
<v Speaker 2>let him go to Ukraine.

0:33:42.360 --> 0:33:46.360
<v Speaker 3>Interesting, so he he doesn't. He doesn't get to London though.

0:33:47.840 --> 0:33:50.480
<v Speaker 2>I think he gets to London and they were like, no,

0:33:50.520 --> 0:33:51.640
<v Speaker 2>you can't, you can't go.

0:33:52.080 --> 0:33:54.200
<v Speaker 3>I don't know how he got that far. Yeah, yeah,

0:33:54.400 --> 0:33:55.720
<v Speaker 3>that is that is intriguing.

0:33:56.600 --> 0:33:59.560
<v Speaker 2>So back in California he walked to Mexico.

0:34:00.720 --> 0:34:03.560
<v Speaker 3>Yeah, which is which is part of his tea tie

0:34:03.560 --> 0:34:04.880
<v Speaker 3>with Robert Rundo advice.

0:34:05.680 --> 0:34:07.960
<v Speaker 2>Right, So like he literally went on foot over the

0:34:08.040 --> 0:34:10.520
<v Speaker 2>US Mexico border to avoid passport control and then he

0:34:10.600 --> 0:34:14.160
<v Speaker 2>travel over land through Mexico into l Salvador, YEP, where

0:34:14.200 --> 0:34:16.879
<v Speaker 2>he presumably intended to try getting on a plane. Again.

0:34:17.160 --> 0:34:19.279
<v Speaker 3>You need you need to get far enough south so

0:34:19.320 --> 0:34:22.560
<v Speaker 3>that when you fly you don't cross over American airspace.

0:34:23.120 --> 0:34:25.799
<v Speaker 3>Other people in ram have tried this and have not

0:34:25.920 --> 0:34:29.120
<v Speaker 3>gone far south enough and their plane crosses over like

0:34:29.160 --> 0:34:32.160
<v Speaker 3>the tip of US airsplace around Florida, and then they

0:34:32.200 --> 0:34:35.680
<v Speaker 3>get flagged so that when they land they get they

0:34:35.719 --> 0:34:37.080
<v Speaker 3>get like arrested or turned back.

0:34:37.520 --> 0:34:40.000
<v Speaker 2>See that's so tricky, Like I be playing funny. I've

0:34:40.000 --> 0:34:42.760
<v Speaker 2>got a plane ticket recently for vacation. I'm not fleeing

0:34:42.760 --> 0:34:43.640
<v Speaker 2>the country or anything.

0:34:43.840 --> 0:34:44.600
<v Speaker 3>Molly's flying.

0:34:44.640 --> 0:34:48.480
<v Speaker 2>Everyone actually don't even have a passport. But when you

0:34:48.520 --> 0:34:50.520
<v Speaker 2>buy a plane ticket, they do not provide for you

0:34:50.760 --> 0:34:53.759
<v Speaker 2>a sort of schematic of the flight path. So I

0:34:53.960 --> 0:34:56.160
<v Speaker 2>don't know how they're figuring this out. I guess they're not.

0:34:56.239 --> 0:34:59.040
<v Speaker 3>If it's not a rundo. I think typically tries to

0:34:59.040 --> 0:35:00.440
<v Speaker 3>get far enough south that he he just gets a

0:35:00.440 --> 0:35:03.480
<v Speaker 3>direct flight to somewhere in like the Middle East or

0:35:03.480 --> 0:35:04.320
<v Speaker 3>eastern Europe.

0:35:04.680 --> 0:35:06.560
<v Speaker 2>Well, I don't know if it would have worked, because

0:35:06.600 --> 0:35:09.120
<v Speaker 2>when he got to l Salvador, the plane that he

0:35:09.200 --> 0:35:12.520
<v Speaker 2>got on was not headed to Ukraine. It was headed

0:35:12.520 --> 0:35:16.840
<v Speaker 2>back to lax in the company of some FBI agents hope,

0:35:17.440 --> 0:35:20.320
<v Speaker 2>So they brought him back and he was formally arrested

0:35:20.680 --> 0:35:23.520
<v Speaker 2>in the La airport when they brought him back. Very

0:35:23.520 --> 0:35:26.080
<v Speaker 2>funny because in the weeks that he had spent trying

0:35:26.120 --> 0:35:29.279
<v Speaker 2>to get away, the indictment against him had come back

0:35:29.320 --> 0:35:43.800
<v Speaker 2>and he was also being charged. So after Judge Carnie

0:35:43.840 --> 0:35:46.440
<v Speaker 2>dropped the charges the first time back in twenty nineteen,

0:35:46.560 --> 0:35:49.040
<v Speaker 2>Rondo got his passport back and immediately left the country again,

0:35:49.080 --> 0:35:52.200
<v Speaker 2>traveling to Europe visiting other fascist fight clubs. And so,

0:35:52.400 --> 0:35:54.480
<v Speaker 2>you know, in this time period, the US Attorney is

0:35:54.520 --> 0:35:57.479
<v Speaker 2>appealing the dismissal of the charges, like they they want

0:35:57.480 --> 0:35:59.960
<v Speaker 2>to bring this case. They're you know, they're waiting for

0:35:59.960 --> 0:36:03.239
<v Speaker 2>the Ninth Circuit to hear them, but they're watching him

0:36:04.080 --> 0:36:06.920
<v Speaker 2>cavorting around Eastern Europe and they're like they're filing motions

0:36:06.920 --> 0:36:09.759
<v Speaker 2>saying like, we really got to get him back, Like

0:36:09.800 --> 0:36:13.480
<v Speaker 2>he's at a Nazi rally in Hungary. He's he's got

0:36:13.480 --> 0:36:15.880
<v Speaker 2>a podcast. He's got a podcast where he's telling people

0:36:15.880 --> 0:36:19.920
<v Speaker 2>how to evade capture by getting foreign passports, Like we

0:36:20.040 --> 0:36:22.960
<v Speaker 2>got to get him back. And so when the charges

0:36:22.960 --> 0:36:25.319
<v Speaker 2>were finally reinstated by the Ninth Circuit in twenty twenty one,

0:36:25.400 --> 0:36:27.879
<v Speaker 2>he'd been formally expelled from Serbia, where he'd been living,

0:36:27.920 --> 0:36:31.000
<v Speaker 2>and he was eventually arrested in and extradited from Romania.

0:36:31.440 --> 0:36:34.000
<v Speaker 2>And then when Judge Corney dismissed the charges again two

0:36:34.040 --> 0:36:36.920
<v Speaker 2>weeks ago, and the Ninth Circuit was like, we got

0:36:36.920 --> 0:36:38.680
<v Speaker 2>to get him back. Do you know where they found him?

0:36:38.960 --> 0:36:42.759
<v Speaker 2>The Mexican border. Oh curious, who could have predicted?

0:36:43.200 --> 0:36:43.359
<v Speaker 1>Huh?

0:36:43.760 --> 0:36:46.440
<v Speaker 2>So, like he really loves leaving the country.

0:36:46.719 --> 0:36:48.880
<v Speaker 3>Time is a flat circle.

0:36:50.000 --> 0:36:52.640
<v Speaker 2>Right, So Karnie lets him out. He tries to leave

0:36:52.640 --> 0:36:55.000
<v Speaker 2>the country again. Immediately the Ninth Circuit says, hold on,

0:36:55.520 --> 0:36:58.840
<v Speaker 2>let's bring him back. And because this system works just

0:36:58.880 --> 0:37:02.879
<v Speaker 2>the most like insane imaginable ways, Like I guess when

0:37:02.880 --> 0:37:04.880
<v Speaker 2>they wrote how this was gonna work, they just assumed

0:37:04.880 --> 0:37:06.759
<v Speaker 2>everyone would act in good faith and they didn't put

0:37:06.800 --> 0:37:09.480
<v Speaker 2>anything in for when that's not what happens.

0:37:09.880 --> 0:37:11.920
<v Speaker 3>You know, I'm pretty sure that's in the Constitution. You

0:37:11.960 --> 0:37:16.200
<v Speaker 3>have to assume good faith intentions. I believe the sixty

0:37:16.280 --> 0:37:18.280
<v Speaker 3>ninth Amendment. You have to assume good faith.

0:37:18.480 --> 0:37:20.520
<v Speaker 2>Everyone's gonna be normal about this. We don't need to

0:37:20.520 --> 0:37:22.799
<v Speaker 2>build in any contingencies here. So every time the Ninth

0:37:22.800 --> 0:37:27.560
<v Speaker 2>Circuit is like, ooh, Judge Carney, that's nuts, they just

0:37:27.640 --> 0:37:30.240
<v Speaker 2>have to send it back to him. They it doesn't

0:37:30.239 --> 0:37:32.160
<v Speaker 2>get sent to a different judge. It's just they just

0:37:32.239 --> 0:37:34.000
<v Speaker 2>keep sending it back to the guy who is bound

0:37:34.000 --> 0:37:37.600
<v Speaker 2>and determined to ruin this right. So it gets sent

0:37:37.640 --> 0:37:39.960
<v Speaker 2>back to Judge Carney. This case is still in front

0:37:39.960 --> 0:37:42.680
<v Speaker 2>of Judge Carney. So the Ninth Circuit they put him

0:37:42.680 --> 0:37:45.520
<v Speaker 2>back in and Judge Charney's like, I'm a limb back out,

0:37:45.880 --> 0:37:48.320
<v Speaker 2>and the Ninth Circuit's like, no, you really really can't

0:37:48.320 --> 0:37:51.799
<v Speaker 2>do that. You really can't do that. And he's being

0:37:51.880 --> 0:37:54.520
<v Speaker 2>kind of a pissy little baby about this right. Like,

0:37:55.560 --> 0:37:58.440
<v Speaker 2>the Ninth Circuit issues an order saying, like, no one

0:37:59.080 --> 0:38:02.200
<v Speaker 2>can let him out but us. If he gets let out,

0:38:02.239 --> 0:38:04.480
<v Speaker 2>it will because we said so no one can let

0:38:04.560 --> 0:38:06.799
<v Speaker 2>him out, you can't do it. The Ninth Circuit said,

0:38:06.840 --> 0:38:08.560
<v Speaker 2>So we're up here on top.

0:38:08.480 --> 0:38:11.640
<v Speaker 3>Of one side. This is fascism, this is tyranny. This

0:38:11.800 --> 0:38:14.800
<v Speaker 3>is fascist of but the but the bad kind, the

0:38:14.920 --> 0:38:17.040
<v Speaker 3>kind I don't like Robert Rundo.

0:38:17.680 --> 0:38:19.400
<v Speaker 2>So Carney's on the bench and he's like, well, I

0:38:19.440 --> 0:38:22.319
<v Speaker 2>really want to though, and so he issues an order

0:38:22.400 --> 0:38:26.279
<v Speaker 2>saying like he's released, but I'm going to stay my

0:38:26.360 --> 0:38:27.759
<v Speaker 2>own order. I mean, like, you know, I'm gonna enter

0:38:27.840 --> 0:38:29.880
<v Speaker 2>this order saying he's released, but like it won't go

0:38:29.920 --> 0:38:32.080
<v Speaker 2>into effect because technically I'm not allowed.

0:38:32.440 --> 0:38:34.319
<v Speaker 3>It's such a just such a door key of like

0:38:34.440 --> 0:38:37.400
<v Speaker 3>pissed baby tantramoved from a judge.

0:38:37.120 --> 0:38:41.480
<v Speaker 2>Like you're beating a real baby Cormac, And he says, quote,

0:38:41.520 --> 0:38:43.440
<v Speaker 2>I would like to be in a position to release

0:38:43.520 --> 0:38:45.319
<v Speaker 2>him right now and let him walk out the door.

0:38:45.400 --> 0:38:49.240
<v Speaker 2>Well you can't. You can't. So it gets like stupid

0:38:49.239 --> 0:38:51.920
<v Speaker 2>messy here, right, So the ninth Circuit put him back

0:38:51.960 --> 0:38:54.520
<v Speaker 2>in and it comes back to Carney, and Carney's like, well,

0:38:55.080 --> 0:38:58.040
<v Speaker 2>this arrest wasn't even legal. I should let him out

0:38:58.080 --> 0:38:59.960
<v Speaker 2>because this you can't even you couldn't put him back.

0:39:00.600 --> 0:39:04.480
<v Speaker 3>You can't arrest someone without there being cause for a crime.

0:39:05.280 --> 0:39:09.920
<v Speaker 2>Well, it is a little bit messy here, right, So

0:39:11.080 --> 0:39:16.239
<v Speaker 2>Carney argues that Roundo's rearrest wasn't legal because he dismissed

0:39:16.239 --> 0:39:20.000
<v Speaker 2>the case. So technically, when Rundo was arrested again, there

0:39:20.239 --> 0:39:23.320
<v Speaker 2>was no charge against him. There is currently because the

0:39:23.360 --> 0:39:26.520
<v Speaker 2>indictment was dismissed. You know, the prosecutors appealing that that dismissal.

0:39:26.880 --> 0:39:28.799
<v Speaker 2>Maybe it'll get reinstated like it did last time. But

0:39:28.840 --> 0:39:32.560
<v Speaker 2>like right now, he is not charged with the crime.

0:39:32.400 --> 0:39:34.719
<v Speaker 3>Which is which is ridiculous because there's so many other

0:39:34.800 --> 0:39:35.920
<v Speaker 3>things you could charge.

0:39:35.719 --> 0:39:37.560
<v Speaker 2>Him with, right, just like find a different crime.

0:39:37.960 --> 0:39:40.239
<v Speaker 3>Like there's like between all of his between all of

0:39:40.239 --> 0:39:43.719
<v Speaker 3>his passport stuff, between all of his crossing the border, like,

0:39:43.960 --> 0:39:47.920
<v Speaker 3>there's there's so much other there's so many other things

0:39:47.920 --> 0:39:49.640
<v Speaker 3>that you could you could decide to charge him with.

0:39:49.800 --> 0:39:52.640
<v Speaker 2>Surely some FBI agent has been sort of keeping tabs

0:39:52.680 --> 0:39:54.640
<v Speaker 2>on his activities and they could come up with something.

0:39:54.640 --> 0:39:57.839
<v Speaker 2>But as it stands, when he was re arrested, there

0:39:58.040 --> 0:40:01.399
<v Speaker 2>was no charge, right, Yeah, So the Ninth Circuit does

0:40:01.480 --> 0:40:04.080
<v Speaker 2>have the authority to stay the release order. So Carney

0:40:04.120 --> 0:40:07.600
<v Speaker 2>issued a release order saying let him out of jail, right,

0:40:07.640 --> 0:40:11.279
<v Speaker 2>And so the prosecutor was like, we need an emergency

0:40:11.320 --> 0:40:14.759
<v Speaker 2>hearing in front of the Ninth Circuit on that release order.

0:40:14.840 --> 0:40:16.920
<v Speaker 2>So Carney issues the release order. The prosecutor goes to

0:40:16.920 --> 0:40:19.480
<v Speaker 2>the Ninth Circuit and say, we need you to push

0:40:19.520 --> 0:40:23.279
<v Speaker 2>the pause button on the implementation of this order. That's

0:40:23.320 --> 0:40:26.920
<v Speaker 2>really normal, that should have been what happened. But because

0:40:27.000 --> 0:40:30.360
<v Speaker 2>he was released immediately, you know, before they had a

0:40:30.480 --> 0:40:34.920
<v Speaker 2>chance to get heard by the Ninth Circuit, Carney's argument,

0:40:34.960 --> 0:40:38.000
<v Speaker 2>which I think may maybe true here, right, is that

0:40:38.040 --> 0:40:41.480
<v Speaker 2>by the time the Ninth Circuit heard the motion to

0:40:41.560 --> 0:40:45.439
<v Speaker 2>stay the release order. It was moot. They can't hear

0:40:45.600 --> 0:40:49.239
<v Speaker 2>argument on a motion that doesn't mean anything. You can't

0:40:49.320 --> 0:40:52.600
<v Speaker 2>stay an order that's already been implemented. So once the

0:40:52.640 --> 0:40:54.880
<v Speaker 2>release order was carried out and Rondo was no longer

0:40:54.880 --> 0:40:58.200
<v Speaker 2>physically in custody, there was no order to stay. So

0:40:58.239 --> 0:41:01.440
<v Speaker 2>the Ninth Circuit had nothing to rule on, so they

0:41:01.920 --> 0:41:05.080
<v Speaker 2>they rearrested him, saying like, we're staying the release order,

0:41:06.160 --> 0:41:08.600
<v Speaker 2>but the order of operations there is kind of key.

0:41:09.320 --> 0:41:12.839
<v Speaker 2>At the next hearing, Carney said, I must tell you

0:41:12.920 --> 0:41:15.640
<v Speaker 2>from the little things I've read, I'm quite concerned. I

0:41:15.640 --> 0:41:21.400
<v Speaker 2>feel mister Rundo is being unconstitutionally detained, and it's it's messy,

0:41:21.719 --> 0:41:23.239
<v Speaker 2>and I don't know what the right answer is here, right, Like,

0:41:23.280 --> 0:41:26.080
<v Speaker 2>it's not unusual for someone to stay in custody pending appeal,

0:41:26.239 --> 0:41:29.880
<v Speaker 2>especially if they have repeatedly attempted and succeeded at fleeing

0:41:29.880 --> 0:41:33.160
<v Speaker 2>the country. Yeah, and Carney's refusal to stay the release

0:41:33.280 --> 0:41:35.400
<v Speaker 2>order kind of makes you wonder if he didn't create

0:41:35.440 --> 0:41:37.600
<v Speaker 2>this procedural nightmare intentionally.

0:41:37.960 --> 0:41:42.399
<v Speaker 3>Sure, he kind of created this legal dilemma that now

0:41:42.480 --> 0:41:46.799
<v Speaker 3>puts Rundo's incarceration in actually like a point of question.

0:41:47.320 --> 0:41:49.680
<v Speaker 2>Right, Like he had to know that when the Ninth

0:41:49.719 --> 0:41:53.919
<v Speaker 2>Circuit did hear this motion, they would probably reverse him.

0:41:54.560 --> 0:41:57.400
<v Speaker 2>He had to know that, and he absolutely knew Rondo

0:41:57.440 --> 0:42:00.799
<v Speaker 2>would flee the country before that could happen. And he's

0:42:01.360 --> 0:42:04.840
<v Speaker 2>not wrong that it looks a little a little questionable

0:42:04.880 --> 0:42:07.000
<v Speaker 2>to issue it arrest warrant when there is no live

0:42:07.200 --> 0:42:10.520
<v Speaker 2>charge or the end result that Rondo is in custody

0:42:10.840 --> 0:42:12.960
<v Speaker 2>pending some kind of further ruling from the Ninth Circuit.

0:42:13.200 --> 0:42:16.920
<v Speaker 2>That's not weird, that's really normal. But everything that happened

0:42:16.960 --> 0:42:21.840
<v Speaker 2>in between is a mess. I don't know what the

0:42:21.840 --> 0:42:26.440
<v Speaker 2>answer to that is. I mean, I mean, as nuts

0:42:26.480 --> 0:42:30.719
<v Speaker 2>as Carney is behaving like, he is probably right that

0:42:30.800 --> 0:42:33.440
<v Speaker 2>you can't make a ruling on a moot motion and

0:42:33.480 --> 0:42:35.399
<v Speaker 2>you can't arrest someone who's not charged with a crime,

0:42:35.440 --> 0:42:38.120
<v Speaker 2>like those things are true. But I don't know what

0:42:38.120 --> 0:42:40.799
<v Speaker 2>the answer is here, and I think it's his fault, yeap.

0:42:42.280 --> 0:42:45.600
<v Speaker 2>So at this point, right the government is appealing Carney's

0:42:45.600 --> 0:42:47.719
<v Speaker 2>dismissal of the charges, just like they did back in

0:42:47.760 --> 0:42:50.839
<v Speaker 2>twenty nineteen. Remember that it took almost two years from

0:42:50.880 --> 0:42:53.759
<v Speaker 2>the original dismissal to the Ninth Circuit ruling reversing and

0:42:53.800 --> 0:42:57.279
<v Speaker 2>remanding the case in twenty twenty one, so this could

0:42:57.320 --> 0:42:59.400
<v Speaker 2>take a while. At this point, what the government is

0:42:59.400 --> 0:43:02.560
<v Speaker 2>asking for a stay of the release order to keep

0:43:02.600 --> 0:43:05.440
<v Speaker 2>him in custody while they work through this appeals process

0:43:05.480 --> 0:43:08.040
<v Speaker 2>because they are appealing the dismissal of the indictment. I

0:43:08.080 --> 0:43:10.160
<v Speaker 2>don't expect a lot of movement on that this week.

0:43:10.239 --> 0:43:13.440
<v Speaker 2>I think the docket shows that the appellance brief is

0:43:13.560 --> 0:43:16.480
<v Speaker 2>due on the twelfth today as we're recording this as

0:43:16.520 --> 0:43:19.560
<v Speaker 2>the fourth, so they'll file that brief. They may file

0:43:19.640 --> 0:43:22.279
<v Speaker 2>more sort of emergency petitions for his release. I'm not

0:43:22.320 --> 0:43:25.719
<v Speaker 2>sure the Ninth Circuit will do that, but is anybody's

0:43:25.760 --> 0:43:27.760
<v Speaker 2>guess at this point, because it's kind of a big mess.

0:43:28.160 --> 0:43:30.520
<v Speaker 2>The only thing that is clear is that only the

0:43:30.600 --> 0:43:33.040
<v Speaker 2>Ninth Circuit can let Rob Rundo out.

0:43:33.800 --> 0:43:39.560
<v Speaker 3>Well what a what A? What an enticing Rundo down

0:43:40.080 --> 0:43:44.480
<v Speaker 3>have the legal events of this case. Don't want to

0:43:44.480 --> 0:43:45.840
<v Speaker 3>be in that position.

0:43:47.400 --> 0:43:50.640
<v Speaker 2>You know, Garrison. I'm not sure that you'll ever be

0:43:50.760 --> 0:43:55.319
<v Speaker 2>in this position. I hope not, at least not in

0:43:55.400 --> 0:43:59.000
<v Speaker 2>this exact one, unless you're running a secret Nazi gang

0:43:59.040 --> 0:44:02.520
<v Speaker 2>that I do not know about, in which case, disavow, disavow.

0:44:02.680 --> 0:44:05.800
<v Speaker 3>Okay, that's good, that's good. Yeah you should, that's probably

0:44:05.800 --> 0:44:06.279
<v Speaker 3>the right move.

0:44:08.160 --> 0:44:09.759
<v Speaker 2>But so it'll take some time.

0:44:11.200 --> 0:44:13.480
<v Speaker 3>I don't know. Yeah, I don't know what else there

0:44:13.560 --> 0:44:14.040
<v Speaker 3>is to say.

0:44:16.400 --> 0:44:19.000
<v Speaker 2>This is like sort of inciting a lot of active

0:44:19.000 --> 0:44:20.840
<v Speaker 2>club activity. You were saying earlier that the you know

0:44:20.920 --> 0:44:23.320
<v Speaker 2>ram doesn't exist anymore. It's morphed into these active clubs.

0:44:23.320 --> 0:44:25.799
<v Speaker 2>There's these cells all over the country and they are

0:44:26.040 --> 0:44:28.040
<v Speaker 2>fired up about this. So I think this has the

0:44:28.080 --> 0:44:33.680
<v Speaker 2>potential to incite more political violence, or at the very.

0:44:33.560 --> 0:44:39.480
<v Speaker 3>Least, incite more T shirt sales, which would be just

0:44:39.520 --> 0:44:41.680
<v Speaker 3>as horrified to see those things out in the.

0:44:41.640 --> 0:44:45.279
<v Speaker 2>Wild, already marketing free rundo merch. Yeah.

0:44:45.320 --> 0:44:47.600
<v Speaker 3>I bet, yeah.

0:44:47.680 --> 0:44:50.680
<v Speaker 2>I guess even Nazis have constitutional rights.

0:44:52.400 --> 0:44:55.400
<v Speaker 3>I guess they do. Although it does feel again slightly

0:44:55.560 --> 0:45:00.640
<v Speaker 3>uh insidious at the selective non enforcement of some of

0:45:00.680 --> 0:45:05.400
<v Speaker 3>these things where there's many, many people who are being held,

0:45:05.760 --> 0:45:08.160
<v Speaker 3>especially like in Atlanta, it's been many people being helped

0:45:08.200 --> 0:45:11.000
<v Speaker 3>with out bail because they've been deemed a flight risk

0:45:11.400 --> 0:45:14.839
<v Speaker 3>for a long long time for crimes.

0:45:14.719 --> 0:45:18.160
<v Speaker 2>Not because they hold like a Serbian passport. No, no,

0:45:18.760 --> 0:45:22.200
<v Speaker 2>just because they intended a music festival, right. I Mean

0:45:22.239 --> 0:45:25.200
<v Speaker 2>it's hard to get like super fired up about rob

0:45:25.280 --> 0:45:27.759
<v Speaker 2>Rundo's constitutional rights in terms of this sort of like

0:45:27.800 --> 0:45:31.680
<v Speaker 2>procedural quagmire when it's like people are actively and intentionally

0:45:31.760 --> 0:45:34.120
<v Speaker 2>violating everyone else's constitutional rights constantly.

0:45:34.800 --> 0:45:36.520
<v Speaker 3>Yeah, Like, the only thing I left to think of

0:45:36.680 --> 0:45:38.880
<v Speaker 3>is how this whole system of law does not seem

0:45:38.880 --> 0:45:42.600
<v Speaker 3>to work very much, and especially we often point out

0:45:42.680 --> 0:45:45.640
<v Speaker 3>how a whole bunch of laws get put in place

0:45:45.680 --> 0:45:50.480
<v Speaker 3>and are like ostensibly framed like combat white supremacist terrorism

0:45:50.600 --> 0:45:54.600
<v Speaker 3>or whatever, and in actuality really only get used against

0:45:54.719 --> 0:45:58.640
<v Speaker 3>people fighting for like the rights of black people, people

0:45:58.640 --> 0:46:02.480
<v Speaker 3>fighting for getting trans people not to be murdered. Like

0:46:02.560 --> 0:46:05.120
<v Speaker 3>that's that's really what all these laws get targeted against,

0:46:05.480 --> 0:46:09.440
<v Speaker 3>and they faced so so much more harsh punishment because

0:46:09.480 --> 0:46:11.720
<v Speaker 3>we have we have a judge who's treating rob Rundo

0:46:11.840 --> 0:46:15.880
<v Speaker 3>like a little a little baby, who's this innocent little creature. Meanwhile,

0:46:16.000 --> 0:46:20.400
<v Speaker 3>people can get constantly locked up for completely bullshit charges

0:46:20.840 --> 0:46:22.920
<v Speaker 3>in other parts of the country for engaging in like

0:46:23.040 --> 0:46:27.399
<v Speaker 3>actually like pretty pretty valid acts of protest not even

0:46:27.400 --> 0:46:30.920
<v Speaker 3>related to any like alleged violence. Like there's it's it's

0:46:30.960 --> 0:46:35.040
<v Speaker 3>it's quite it's quite frustrating to to to look at. Yes,

0:46:35.080 --> 0:46:38.600
<v Speaker 3>there is actually a decent case of selective enforcement here, and.

0:46:38.560 --> 0:46:39.840
<v Speaker 2>It's the other way around.

0:46:40.200 --> 0:46:43.920
<v Speaker 3>Yeah, it is not in fact that they're letting Antifa

0:46:44.120 --> 0:46:47.840
<v Speaker 3>run wild and burn down cities. In fact, these these

0:46:48.120 --> 0:46:52.440
<v Speaker 3>these Nazis get treated like little little innocent First Amendment

0:46:52.440 --> 0:46:57.640
<v Speaker 3>defenders as they purposely like talk about and brag about

0:46:57.640 --> 0:47:00.000
<v Speaker 3>their claims of traveling across the country to assault peace

0:47:00.000 --> 0:47:05.800
<v Speaker 3>people and start riots. Anyway, Well, that's that's not great.

0:47:06.760 --> 0:47:07.880
<v Speaker 2>Things are not good.

0:47:08.200 --> 0:47:11.640
<v Speaker 3>I hope only the worst for Rundo, regardless of whatever

0:47:11.760 --> 0:47:14.239
<v Speaker 3>legal thing happens, just like in general, like I like,

0:47:14.440 --> 0:47:18.480
<v Speaker 3>I I wish him bad, just like in life, you know,

0:47:18.520 --> 0:47:20.360
<v Speaker 3>like I hope you like trips and falls down the stairs,

0:47:20.400 --> 0:47:22.960
<v Speaker 3>you know, just like in general, like stub is Toe

0:47:23.000 --> 0:47:27.040
<v Speaker 3>really bad gets.

0:47:25.960 --> 0:47:28.919
<v Speaker 2>About this situation, Like there are a million outcomes here

0:47:28.960 --> 0:47:32.080
<v Speaker 2>that are the dumbest possible ending to this story. So

0:47:32.120 --> 0:47:35.560
<v Speaker 2>I'm not holding my breath for you know, some brilliant

0:47:35.600 --> 0:47:38.879
<v Speaker 2>prosecutor to save the day here. But I do hope

0:47:38.920 --> 0:47:42.080
<v Speaker 2>that that Rob Rundo continues to have a bad day regardless.

0:47:42.440 --> 0:47:48.560
<v Speaker 3>Yeah, well, thank you for this lovely piece of legal research, Molly.

0:47:49.680 --> 0:47:51.840
<v Speaker 2>Now I have to close eighty seven tabs.

0:47:52.120 --> 0:47:53.960
<v Speaker 3>That is always the joy of wrapping up one of

0:47:54.000 --> 0:47:56.520
<v Speaker 3>these episodes. It's closing the ridiculous amount of tabs that

0:47:56.560 --> 0:47:59.840
<v Speaker 3>are open, because at at any moment in my research process,

0:48:00.120 --> 0:48:02.120
<v Speaker 3>any of my friends looks at my computer, they are

0:48:02.160 --> 0:48:06.640
<v Speaker 3>horrified by the stress that I'm putting my own ram

0:48:06.719 --> 0:48:10.840
<v Speaker 3>through different ram, the other ram than the Yeah it

0:48:10.920 --> 0:48:12.359
<v Speaker 3>is computer computer ram not.

0:48:12.280 --> 0:48:14.400
<v Speaker 2>Also under considerable strain at this time.

0:48:14.680 --> 0:48:17.440
<v Speaker 3>Yeah, exactly. Well, right, I feel like that's that's as

0:48:17.480 --> 0:48:19.320
<v Speaker 3>bad enough a joke to end it on as anything

0:48:19.320 --> 0:48:22.200
<v Speaker 3>else where. Can people find you online? Way?

0:48:22.280 --> 0:48:25.919
<v Speaker 2>Oh gosh? Yeah, I am online at Socialist dog Mom

0:48:25.960 --> 0:48:30.080
<v Speaker 2>on Twitter, on my newsletter on ghost the Devil's Advocates,

0:48:30.239 --> 0:48:32.600
<v Speaker 2>and I don't know my dogs have an Instagram that

0:48:32.640 --> 0:48:36.000
<v Speaker 2>I haven't updated lately. It's auto m Buck does it

0:48:36.040 --> 0:48:37.080
<v Speaker 2>for me? How about you, Garrison?

0:48:37.520 --> 0:48:40.800
<v Speaker 3>Oh, you can find me documenting my process of slowly

0:48:40.840 --> 0:48:43.480
<v Speaker 3>turning my entire apartment into the Black Lodge on Twitter

0:48:43.640 --> 0:48:48.480
<v Speaker 3>at Hungry Bowtie. All right, wow, you you can actually

0:48:48.480 --> 0:48:50.480
<v Speaker 3>see a little bit of it behind me. It's kind

0:48:50.480 --> 0:48:53.320
<v Speaker 3>of dark, but you can see a glimmer of red curtains.

0:48:53.520 --> 0:48:55.200
<v Speaker 2>Yes, spooky back there, It.

0:48:55.200 --> 0:48:57.359
<v Speaker 3>Is quite spooky back there. Wait until I turn Wait

0:48:57.400 --> 0:48:58.440
<v Speaker 3>until I turn on the strobe light.

0:48:59.320 --> 0:49:02.200
<v Speaker 2>All right, thank you for joining me today, Garrison.

0:49:02.960 --> 0:49:06.120
<v Speaker 3>All right, thank you, Molly.

0:49:09.640 --> 0:49:12.040
<v Speaker 1>It could Happen here as a production of cool Zone Media.

0:49:12.239 --> 0:49:14.880
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0:49:14.960 --> 0:49:18.080
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