CA Man Accused Of Plotting To Kill Kavanaugh Indicted By Grand Jury

CHEVY CHASE, MD — A federal grand jury indicted a California man on Wednesday on charges of attempted murder after he showed up near the home of Supreme Court Justice Brett Kavanaugh in Chevy Chase, Maryland, carrying a gun and two magazines loaded with 10 rounds each of 9mm ammunition.

Nicholas Roske, 26, traveled from his home in Simi Valley, California, and arrived near the residence of Kavanaugh in the early morning hours of June 8 with the intent to kill the Supreme Court justice, according to court documents.

Roske faces a maximum sentence of life in prison for “attempting to assassinate” a Supreme Court justice, the U.S. Attorney’s Office for the District of Maryland said in a news release.

According to the indictment, the government also wants to take Roske’s guns and gear, if he’s convicted, through a forfeiture action. The indictment lists these items that the Department of Justice seeks to take from Roske: a firearm, two magazines loaded with 10 rounds each of 9mm ammunition, 17 rounds of ammunition contained in a plastic bag, and a black "speed loader."

An initial appearance by Roske in federal court has not been scheduled, the U.S. Attorney’s Office said.

After arriving in Kavanaugh's neighborhood in Chevy Chase by taxi in the early morning hours of June 8, Roske contacted his sister by text and told her about his intentions, police said. In her response, the sister urged Roske to call 911.

Roske then placed two 911 calls from near Kavanaugh’s house around 1:40 a.m. on June 8, informing local police that he had suicidal thoughts and had a firearm in his suitcase, according to recordings provided by Montgomery's Emergency Communications Center to The Washington Post.

Montgomery County police were dispatched to the area and found Roske around 1:50 a.m. He was still on the phone with the county communications center when police arrived and took him into custody.

Eugene Volokh, a law school professor at the University of California at Los Angeles, wrote in a blog post that under federal law, a key element to proving attempted murder is showing that a defendant took a “substantial step” in his or her actions.

“Flying across the country and showing up outside the target’s house with a weapon — as steps go, those are pretty substantial,” Volokh told The Washington Post.

According to court documents, Roske told police he was upset over recent mass shootings and the leaked draft opinion that indicated the Supreme Court may be preparing to overturn Roe v. Wade, which guarantees a person's constitutional right to have an abortion.

The indictment does not mention Kavanaugh by name. It instead alleges that Roske “did attempt to kill … an associate justice of the Supreme Court of the United States."

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