A man who attempted to assassinate Supreme Court Justice Brett Kavanaugh in 2022 has been sentenced to 97 months in prison. Nicholas Roske, who traveled from California to Kavanaugh’s home with weapons, was trying to influence the court’s decisions on abortion rights after a draft opinion was leaked.
Judge Deborah Boardman, appointed by President Joe Biden, handed down the sentence on Friday. She noted that the recommended minimum sentence was 30 years, but she granted Roske’s request for a shorter term. The Department of Justice plans to appeal this decision.
Roske had carefully planned the assassination but changed his mind before carrying out the act. Instead, he called the police to confess. He has been in custody for three years, which means he could be released in four years, considering time served and good behavior. His sentence also includes lifetime supervision after his release.
During the sentencing, Judge Boardman acknowledged that this case involved domestic terrorism. However, she reduced the potential sentence enhancements typically applied in such cases. She cited the lack of evidence supporting the idea that longer sentences reduce the likelihood of reoffending.
The judge spent a considerable amount of time discussing Roske’s transgender identity, suggesting it could be a factor in determining his sentence. She expressed hope that the incident had helped Roske’s family come to terms with her identity. Roske’s mother spoke in court, sharing her journey of understanding the LGBTQ+ community and expressing support for her child.
Boardman argued that any prison time would be punishment enough for Roske, emphasizing the challenges he would face as a transgender person in a male prison. She also mentioned that Roske would have access to hormone therapy while incarcerated, depending on the status of a court injunction.
The prosecution argued that a lighter sentence would send a dangerous message about the consequences of attempting to harm a public official. They highlighted the seriousness of the crime and the need for a strong deterrent.
Roske’s defense team pointed out that he had taken the unusual step of turning himself in, which they believed warranted a more lenient sentence. The judge agreed, stating that this act showed he did not pose a danger to the public.
Throughout the proceedings, the judge referred to Roske using female pronouns, while prosecutors opted to use gender-neutral language. The case has drawn attention not only for its serious nature but also for the discussions surrounding gender identity and its impact on sentencing.
As the courtroom session concluded, Kavanaugh’s family left without making a statement, visibly upset by the sentence. The case continues to raise questions about the intersection of mental health, identity, and the legal system.
