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Then the question became: 鈥淲hat鈥檚 Jason Kessler 诲辞颈苍驳?鈥�

Kessler, a racist white rights activist, on Tuesday dropped his request for a federal judge to force the city of Charlottesville, Virginia, to grant him a permit to hold a rally on the anniversary of the deadly 鈥淯nite the Right鈥� protest on August 11.

The move, which took U.S. District Judge Norman K. Moon by surprise, came at the end of a hearing that proved to be as strange as it was brief.

鈥淗e鈥檚 not going to hold a rally in Charlottesville on August 11 or August 12,鈥� said his attorney, James Kolenich, after the hearing. 鈥淏ut he doesn鈥檛 need a permit to walk around with a bullhorn with less than so many people. I don鈥檛 know if that is his intention.鈥�

Kessler, a Charlottesville resident, filed a federal lawsuit against city officials after they rejected his request for a permit to hold a second 鈥淯nite the Right鈥� rally at a park near downtown. Kessler modified that request multiple times, giving different estimates of how long he would use Emancipation Park, which is home to a statue of Confederate Gen. Robert E. Lee, as well as how many people might attend. As part of the lawsuit, Kessler asked Judge Moon to issue an injunction forcing the issuance of a permit for the rally.

The first 鈥淯nite the Right鈥� rally, which took place on August 11 and 12, 2017 in Charlottesville, Virginia, attracted a large number of armed neo-Nazis, white nationalists and other racist "alt-right" figures, as well as large crowds of counter-protesters. Just before it began, the planned rally was declared an unlawful assembly by the authorities and, as crowds began to disperse, a large group of counter-protesters proceeded down Charlottesville鈥檚 4^th street. It was there that a car sped into a crowd, killing Heyer.聽James Alex Fields, Jr., faces a murder charge in state court and federal hate crime charges stemming from the death.

Kessler is planning to hold a second Unite the Right rally in Washington, D.C.鈥檚 Lafayette Square Park, across the street from the White House on August 12.

When Tuesday鈥檚 hearing started, neither Kolenich nor Kessler were present in court, leaving only attorney Elmer Woodard to begin arguing the case. Woodard said the city rejected Kessler鈥檚 request for a permit because they didn鈥檛 like what he was going to say or what he had to say at the first Unite the Right rally.

鈥淭his boils down to whether or not the city of Charlottesville can restrict speech,鈥� Woodard said.

After noting the multiple changes in Kessler鈥檚 permit request, Judge Moon pressed Woodard on what, exactly, Kessler was asking to do.

鈥淚 don鈥檛 have a dog in this fight. I鈥檓 not going to be there,鈥� Judge Moon said. 鈥淲hat is he asking for?鈥�

Woodard clarified that Kessler wanted Emancipation park for two hours on Sunday, August 12.

鈥淭hat鈥檚 not a burden on the city,鈥� Woodard said.

Judge Moon zeroed in more on Kessler鈥檚 involvement with various groups, including some that took part in 2017鈥檚 violence.

鈥淒oes Mr. Kessler have a group he represents?鈥� Moon asked.

鈥淢r. Kessler has a group that he represents in name only,鈥� Woodard said. 鈥淭here are a couple of groups that he is a member of and he is the only member of.鈥�

Woodard declined to name the groups Kessler belongs to.

As John Longstreth, a Washington, D.C.-based lawyer representing the city, began arguing his case, Judge Moon noted that Kessler still wasn鈥檛 present and that Kolenich was late.

When Kolenich showed up 15 minutes late 鈥� blaming troubles with a flight between Cincinnati and Charlottesville 鈥� he also said Kessler鈥檚 whereabouts were unknown.

鈥淚s this a serious matter that you are going to treat seriously?鈥� Judge Moon asked Kolenich.

鈥淵es,鈥� Kolenich replied. 鈥淎s far as Mr. Kessler鈥檚 whereabouts, I don鈥檛 know where he is.鈥�

The Judge was not amused by the absence of Kessler, and noted that Kessler had changed his application for a permit several times, giving varying amounts of time he would need the park and wildly varying estimates on attendance.

鈥淵our client is not here. You were not here,鈥� Moon to Kolenich. 鈥淚 want to know what鈥檚 going on. I think he should be here to say what鈥檚 going on.鈥�

After a short recess, Kessler stumbled into the courtroom 30 minutes late, but didn鈥檛 speak publicly. Instead, he met briefly with Kolenich and Woodard before leaving.

After meeting with Kessler, Kolenich said the request for an injunction to force a permit was being dropped, but the lawsuit would continue.

Judge Moon quickly granted the city鈥檚 request to reject the injunction and ended the hearing.

After the hearing, Woodard declined to speak with reporters.

鈥淚 told you I鈥檓 not going to give you any information,鈥� said Woodard, a Blairs, Virginia, lawyer who represents several alt-right figures.

, said after the hearing that the main lawsuit challenging Charlottesville鈥檚 permitting process for another rally would go forward. A trial in the case is set for April 8 through 12, 2019.

鈥淗e wants to get this all straightened out for next year,鈥� Kolenich said.

Kolenich said the decision to drop the case came during the brief recess after Kessler arrived in court.

鈥淗e has a good reason for what he does,鈥� Kolenich said. 鈥淗e hasn鈥檛 said he will (hold a rally in Charlottesville),鈥� Kolenich said. 鈥淚 can鈥檛 tell you he won鈥檛 do it.鈥�