A federal judge on Friday sentenced Nicholas John Roske, 29, of Simi Valley, California, to 97 months (eight years and one month) in federal prison for the attempted murder of Supreme Court Justice Brett Kavanaugh. The sentence is to be followed by a lifetime of supervised release.
The sentence, handed down by U.S. District Judge Deborah Boardman in Maryland, drew immediate and sharp criticism from the Department of Justice, which had argued for a much harsher prison term of at least 30 years to life.
“The attempted assassination of Supreme Court Justice Brett Kavanaugh was a disgusting attack against our entire judicial system by a profoundly disturbed individual,” said Attorney General Pam Bondi in a statement. “The Department of Justice will be appealing the woefully insufficient sentence imposed by the district court, which does not reflect the horrific facts of this case.”
Details of the Attempted Attack
Roske pleaded guilty earlier this year to the charge of attempting to kill a United States Supreme Court Justice. The plot was thwarted in the early morning hours of June 8, 2022, when Roske arrived by taxi near Justice Kavanaugh’s residence in Montgomery County, Maryland.
Roske, who was wearing dark clothing and carrying a backpack and suitcase, was observed by Deputy U.S. Marshals protecting the residence. Roske later admitted to a detective that upon seeing the protective detail, they decided to abandon the plan.
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Shortly after leaving the vicinity of the residence, Roske called a Montgomery County Emergency Communications Center, stating they were having homicidal and suicidal thoughts, possessed a firearm, and had traveled from California with the intent to kill a specific Supreme Court Justice.
When police officers responded and took Roske into custody, a search of their belongings revealed a chilling arsenal of tools intended for the assassination, including:
- A firearm
- A black tactical chest rig and tactical knife
- A total of 37 rounds of ammunition
- Pepper spray
- Zip ties
- A hammer, screwdrivers, nail punch, and a crowbar
- A pistol light and duct tape
- Lock-pick tools
When questioned by law enforcement, Roske admitted the plan was to “Break in [and] shoot” the Associate Justice. Roske stated they were motivated by anger over a recently leaked Supreme Court draft decision concerning abortion and the recent school shooting in Uvalde, Texas, believing the Justice would vote to loosen gun control laws.
DOJ Condemns Threat to Judicial Independence
Prosecutors emphasized the premeditated and politically motivated nature of the crime, arguing it was an attack on the rule of law itself.
“Roske flew across the country armed with a gun and zip ties, prepared to kill at least one sitting Justice of the Supreme Court of the United States because of how he imagined the Justice would rule,” said Assistant Attorney General for National Security John A. Eisenberg. “Even in failure, Roske’s plot violated that basic tenet and threatened judicial independence, a critical component of the rule of law.”
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U.S. Attorney Kelly O’Hayes for the District of Maryland echoed the sentiment, stating, “Politically motivated violence has no place in our society. The attempt to assassinate a Supreme Court Justice is an extreme, unconscionable act that must be met with the full weight of the law.”
FBI Director Kash Patel added, “Nicholas Roske will now pay the price for attempting to assassinate a Supreme Court Justice in a violent plot to alter the court’s composition and its rulings. Violence against federal judges or other public officials is unacceptable and will be met by the full force of the law.”
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