Prosecutors request trial date for man accused of attempting to assassinate Justice Kavanaugh in 2022

By 
 July 21, 2024

Two years ago, in response to the leaked draft copy of the Supreme Court's decision to overturn Roe v. Wade, a California man attempted to assassinate conservative-leaning Justice Brett Kavanaugh at his Maryland home.

That suspect, Nicholas Roske, may finally be headed to a trial after federal prosecutors and his defense attorneys failed to reach an agreement on a possible plea deal, CNN reported.

The failure prompted prosecutors to ask the presiding judge in the case to move forward with the proceedings by setting a date for the trial.

Busted trying to kill Justice Kavanaugh

Politico, which published the leaked draft copy of the 2022 Dobbs decision that ended Roe and returned the right to regulate abortion procedures to individual states, reported that Roske was spurred to take action over the Supreme Court's perceived rollback of abortion rights and strict gun control laws.

As such, Roske traveled from his home in Simi Valley, California, to the Washington D.C. area and, in the early morning hours of June 8, 2022, approached Justice Kavanaugh's home while dressed in all-black clothing and armed with a handgun, extra ammunition, a knife, and various other tools and equipment useful for burglary and kidnapping.

He was not apprehended or interrogated by the U.S. Marshals assigned to guard the jurist's home, but rather was taken into custody by local police after he called 911 and reported himself following a phone call with his sister who talked him out of his plan to assassinate Kavanaugh.

Federal affidavits outlined Roske's assassination plan

Much of what is known about Roske's unfulfilled plan to assassinate Justice Kavanaugh came from a federal affidavit filed shortly after his arrest in 2022, according to Roll Call.

A separate affidavit also revealed how the suspect had discussed his murderous plans with others online and conducted some rudimentary searches for relevant information that he believed would aid him in the quest to kill at least one but potentially as many as three Supreme Court justices.

Roske has been held in custody ever since his arrest and questions have been raised about his mental health status.

Meanwhile, his defense attorneys have attempted to suppress the evidence of statements that he made to law enforcement during his initial arrest and while being interrogated later at a police station.

Prosecutors ask judge to set a trial date

In a two-page status report filed on Friday, Assistant U.S. Attorney Kathleen Gavin provided a brief update on Roske's case up until this point, including the charge he faces and other pending pre-trial activity.

"Since late 2022, defense counsel, without objection from the government, has reported regularly to the Court regarding the status of its investigation into the allegations set forth in the Indictment, its investigation of potential mitigation factors, the fact that the parties were engaged in ongoing discussions regarding a potential pretrial resolution of this case, and requesting additional periods of time in which to complete those efforts," Gavin wrote.

"As of this date, the parties have not been able to agree upon the terms for a pretrial resolution of this case," she added. "Accordingly, the government requests a scheduling conference to set in dates for pretrial motions and trial. Counsel for the defendant has advised that he joins in this request."

Roske was charged with violating 18 U.S.C. § 351(c), attempting to kill or kidnap a Justice of the United States, and if convicted could face "imprisonment for any term of years or for life."

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