GREENBELT, MD – A California man who admitted to plotting to kill Supreme Court Justice Brett Kavanaugh was sentenced Thursday to 97 months in federal prison, drawing criticism from prosecutors who sought a far longer term.
U.S. District Judge Deborah Boardman handed down the sentence of just over eight years to Nicholas John Roske, 29, of Simi Valley, California, along with a lifetime of supervised release following his prison term. The sentence fell dramatically short of the Department of Justice’s recommendation of at least 30 years to life in prison.
Roske pleaded guilty to attempting to murder a United States Supreme Court Justice. On June 7, 2022, he flew from Los Angeles International Airport to Dulles International Airport carrying a firearm and ammunition in checked luggage, then took a taxi to Kavanaugh’s residence in Montgomery County, Maryland.
Two Deputy U.S. Marshals protecting the Supreme Court justice’s home observed Roske arrive by taxi in front of the residence. Shortly afterward, Roske called the Montgomery County Emergency Communications Center, telling a call taker he was having homicidal and suicidal thoughts, had a gun in his suitcase, and had traveled from California to kill a specific Supreme Court justice.
Law enforcement officers responding to the call arrested Roske before he could approach the residence. Authorities later recovered the firearm, ammunition, and other items Roske had brought for the planned attack.
Prosecutors revealed during sentencing proceedings that Roske had intended to kill three Supreme Court justices, not just Kavanaugh. The admission raised further concerns about the severity of the planned attack and the potential threat to the nation’s highest court.
Attorney General Pam Bondi criticized the sentence as “insufficient” and announced Friday that the Department of Justice will appeal the decision. Federal prosecutors had argued for a significantly longer sentence to reflect the gravity of attempting to assassinate a Supreme Court justice and to deter similar attacks.
Roske’s defense attorneys had requested an eight-year sentence, arguing for leniency based on their client’s mental health issues and the fact that he called police on himself before carrying out the attack. The judge’s sentence aligned closely with the defense recommendation.
The attempted assassination occurred amid heightened security concerns for Supreme Court justices following the leak of a draft opinion that would overturn Roe v. Wade. The incident prompted increased security measures for justices both at the Supreme Court building and at their private residences.
Congress subsequently passed legislation expanding security protections for Supreme Court justices and their families in response to the threat. The U.S. Marshals Service now provides 24-hour security at justices’ homes.
