A U.S. district judge has tossed out a case by federal prosecutors against members of a white nationalist group accused of conspiring to incite riots at political rallies.
A U.S. district judge this week tossed out a case by federal prosecutors against members of a white nationalist group accused of conspiring to incite riots at political rallies, just a day before House Democrats pressed top FBI officials over the government's response to the rising threat of white supremacist extremism.
Tyler Laube, a separate member of the group named in the government's initial indictment, previously pleaded guilty in November to a single count of conspiracy. But following Carney's ruling, Laube requested on Tuesday to withdraw his guilty plea and similarly have the charges against him dismissed. But in his dismissal of the charges Monday, Judge Carney challenged the government's approach to the case and ruled that many of the charges included"protected expressive activity."
The defeat for the government came just one day before a top FBI official sought to explain to lawmakers the difficulty prosecutors face in bringing charges against domestic terror suspects in contrast to cases involving international terrorism. "I will say as a former prosecutor and as a former investigator, I want every tool in the toolbox," McGarrity said while acknowledging the First Amendment concerns that would come with any type of terror designation for groups operating in the U.S.
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