"There is no doubt that the government did not prosecute similarly situated individuals," Carney wrote in a decision released February 21.
"Despite the involvement of both the far left and far right, the federal government never charged far-left activists under the Anti-Riot Act for their violence at these political rallies," the decision continued, despite the fact that members of Antifa and BAMN "engaged in worse conduct and in fact instigated much of the violence that broke out at these otherwise constitutionally protected rallies."
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