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“Unlike nearly every defendant in federal court, Ms. Roske’s admission of guilt did not come after, but it came before she contacted police. When totally unprompted by a suspicion that she might be detected. If she did not call 911, nobody would know about Ms. Roske’s plot to kill a Supreme Court justice. She has apologized to Justice Kavanaugh and his family. But actions always speak louder than words,” Boardman said, using preferred pronouns for Roske, who identifies as transgender.<\/p>\n
“I find that the sentence that is sufficient but is not greater than necessary is 97 months in prison,” Boardman said, before reciting Roske’s conditions for supervised release.<\/p>\n
Coreen Mao, one of the lead prosecutors on the case, argued that “no judge or public official should have to live under fear to think at any moment … they can be killed in cold blood for doing their job.” <\/p>\n
“That fear was very nearly realized,” in this case, she added.<\/p>\n
“It was the presence of law enforcement that changed the defendant’s conduct … the defendant’s aim and primary aim was terrorism … to affect the conduct of government,” Mao said.<\/p>\n
However, Boardman ultimately found that the government had supplied “no data” or other information that convinced her that a 30-year sentence would achieve “general deterrence,” the concept of sentencing for a specific amount of time to prevent crime among the general population. She also found that Roske did not pose a serious danger to the public, “provided” that Roske be under a supervised release by federal law enforcement.<\/p>\n
Roske, 29, pleaded guilty earlier<\/a> this year to one count of attempting to murder a Supreme Court justice, a charge that carries a maximum sentence of life in prison. Federal prosecutors asked the court to impose a 30-year sentence, citing the political and institutional gravity of the attack. Roske’s attorneys urged the judge to impose just eight years.<\/p>\n
Details of the 2022 incident<\/h2>\n
According to court records, Roske arrived at Kavanaugh’s home in the early hours of June 8, 2022, armed with a pistol, ammunition, knife, crowbar, and tactical gear. Prosecutors said Roske intended to kill the conservative justice and “shoot for three” other justices in a plot to prevent the Supreme Court from overturning abortion precedent in the landmark Dobbs v. Jackson Women’s Health Organization<\/em> case.<\/p>\n
“The potential impact of Roske’s conduct was immeasurable and staggering,” prosecutors wrote in their sentencing memorandum. “The defendant sought single-handedly and irrevocably to alter an entire branch of the United States government through violence.”<\/p>\n
The DOJ applied sentencing enhancements for terrorism and obstruction of justice, arguing that Roske’s actions were intended to influence the outcome of a major constitutional ruling through threats and intimidation.<\/p>\n
While the facts of the case surrounding Roske’s venture from California to Virginia, where Roske then traveled to Kavanaugh’s Bethesda, Maryland, neighborhood for the attempted assassination plot, evidence showed Roske was “aiming for three” Supreme Court justices.<\/p>\n
Police said they searched the bag and suitcase locked with zip ties that Roske showed up with and found two magazines and ammunition to go along with the suspect’s freshly purchased pistol, a pistol light, a black tactical chest rig<\/a>, a tactical knife, and pepper spray. Roske was also in possession of other burglary tools, including a hammer, screwdriver, nail punch, crowbar, and hiking boots with padding on the outside of the soles. Roske also had zip ties and duct tape intended to be wrapped around his shoes.<\/p>\n
In addition to the preparation, Roske’s internet search painted a disturbing pattern, including searches for fatal stab wounds and searches for famous serial killers who were known to be the most cautious in their approach to committing murders. However, Boardman noted that Roske’s actions within the vicinity of Kavanaugh’s residence did not correspond to his online searches.<\/p>\n
Defense attorneys point to mental illness and remorse<\/h2>\n
Roske’s attorneys argued that he never followed through with the attack, instead calling 911 on himself shortly after arriving near Kavanaugh’s home. Roske self-reported “plans, intentions, and actions,” they wrote, noting Roske’s struggle with severe depression and suicidal ideation.<\/p>\n
They also pushed back on the government’s use of Roske’s online search history, which included terms related to mass shootings and other justices, arguing that doom-scrolling in dark corners of the internet does not constitute a criminal plan.<\/p>\n
“As any internet user knows, Googling and doom-scrolling … does not equate to criminal intent,” the defense wrote.<\/p>\n
Roske’s attorneys informed the court last month that while their client’s legal name remains Nicholas, the defendant now wishes to be referred to as “Sophie” and by female pronouns. The defense team used that language throughout their filings and in court, and the judge referred to the defendant as “Ms. Roske” on Friday.<\/p>\n
Notably, the judge also called out executive orders issued by the Trump administration that would require Roske to be housed in a male prison facility, which aligns with his biological sex, despite claiming that he identifies as a woman.<\/p>\n
Prior to the judge’s sentencing decision, Roske’s parents and sister testified about his history of depression, suicidal ideation, and social isolation. The defendant’s mother offered an apology to Kavanaugh and said the family had long struggled to understand the depth of Roske’s mental health needs. Roske’s sister described him as compassionate and caring. Roske’s family said they support their son’s gender transition, suggesting that it has been helpful to Roske’s overall mental health.<\/p>\n
Broader concerns over judicial threats<\/h2>\n
Roske’s plot unfolded at the outset of a wave of political violence that has only grown more dire. In September last year, the DOJ charged an Alaska man<\/a> with sending hundreds of violent threats<\/a> to justices, including messages referencing shootings, strangulation, and beheadings.<\/p>\n
Since Roske’s arrest in 2022, a man attacked former House Speaker Nancy Pelosi’s (D-CA) husband with a hammer after breaking into their San Francisco home, two separate assailants plotted to kill President Donald Trump, including one who nearly succeeded, and conservative activist Charlie Kirk was fatally shot at a college event last month.<\/p>\n
DOJ SEEKS 30-YEAR PRISON SENTENCE FOR ATTEMPTED KAVANAUGH ASSASSIN<\/a><\/strong><\/p>\n
Earlier this year, in Minnesota, two Democratic state lawmakers were shot at their homes, and the Pennsylvania governor’s mansion was set on fire. Federal judges have also been increasingly targeted, with the U.S. Marshals Service reporting more than 160 threats over a recent six-week period.<\/p>\n
The attempted assassination occurred<\/a> just two weeks before the Dobbs<\/em> decision was released, during a period of intense protests outside the homes of conservative justices. The leak of a draft opinion weeks earlier had already fueled nationwide demonstrations and renewed debates over judicial security.<\/p>\n<\/div>\n