Man accused of attempted Kavanaugh assassination wants confessions thrown out

Jerry Dunleavy

July 15, 12:43 PM July 15, 12:44 PM

The man who has been charged with the attempted murder of Supreme Court Justice Brett Kavanaugh last month wants the judge to rule that his confessions to police should not be allowed to be used at trial.

Nicholas Roske, who traveled from California to Maryland in June in an alleged plot to kill Kavanaugh in his home over anger that he might help overturn Roe v. Wade, was indicted last month by a federal grand jury for an “attempt to assassinate” the Supreme Court justice.

“Nicholas Roske ... hereby moves this Honorable Court … to suppress any and all statements, admissions, and confessions (‘statements’) allegedly given by Mr. Roske, whether oral, written, or otherwise recorded, which the government proposes to use as evidence at trial,” James Wyda, a federal public defender for the District of Maryland, told the court this week, asking the court to throw out confessions Roske had made at the location of his arrest and then at the police station.

Roske, 26, showed up at Kavanaugh’s house in Maryland after midnight with burglary tools, a knife, a gun, pepper spray, and a pair of special boots with outer soles allowing stealth movement inside a house, though he walked away when he spotted a pair of deputy U.S. marshals outside Kavanaugh's home, according to court records.

After he turned away and walked down the streets of Kavanaugh’s neighborhood, Roske texted his sister, police told the Washington Examiner. She convinced Roske to call 911, which he did.

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Roske told investigators he was angry about the possibility of the court overturning Roe v. Wade and believed Kavanaugh would play a role in upholding Second Amendment rights in a separate high-profile case.

Authorities released 911 call records showing Roske called the police on himself before executing his plan, saying, "I need psychiatric help." He had called a cab to the home of Kavanaugh before walking away just outside of it. He told the operator he had shown up to hurt "Brett Kavanaugh … the Supreme Court justice.”

FBI special agent Ian Montijo wrote an affidavit detailing Roske's confessed intention to kill Kavanaugh and then take his own life.

"Roske then told the detective that he was upset about the leak of a recent Supreme Court draft decision regarding the right to abortion, as well as the recent school shooting in Uvalde, Texas," the FBI said. "Roske indicated that the Justice that he intended to kill would side with Second Amendment decisions that would loosen gun control laws."

The FBI agent added: "Roske stated that he began thinking about how to give his life a purpose and decided that he would kill the Supreme Court Justice after finding the Justice's Montgomery County address on the internet.”

Roske’s lawyers said this week he is “entitled to a hearing regarding the voluntariness of any alleged statements” and that “if, at such hearing, the government fails to establish that such statements were not obtained in violation of” Roske’s rights, then “such statements should be suppressed.”

Since the May 2 leak of a draft of a Supreme Court opinion for Dobbs v. Jackson Women’s Health Organization accurately signaling that Roe v. Wade would be overturned, there have been heightened threats against Supreme Court Justices and anti-abortion advocates.

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Senate Republican leadership sent a letter to the DOJ last month demanding answers over a lack of criminal prosecution surrounding "illegal picketing" outside the homes of justices.

The FBI told the Washington Examiner last month that it “is investigating a series of attacks and threats targeting pregnancy resource centers and faith-based organizations across the country.”