At least one member of a federal three-judge appellate panel seemed doubtful Tuesday that the U.S. government had selectively prosecuted an alleged white supremacist leader for allegedly attacking counter-protesters at political rallies across California in 2017.

Federal public defender Caroline Platt told the U.S. Court of Appeals for the Ninth Circuit court at oral arguments that a trial judge rightfully dismissed indictments against Robert Rundo and co-defendant Robert Boman, members of the white nationalist Rise Above Movement who were charged with conspiracy to violate the Anti-Riot Act.