Justice Department Appeals 8-Year Sentence for Kavanaugh Plotter

Prosecutors say the court misapplied the guidelines after declining a terrorism enhancement even as the judge described the conduct as domestic terrorism.

Overview

U.S. District Judge Deborah Boardman sentenced Nicholas Roske, who now goes by Sophie, to 97 months in prison and lifetime supervised release for attempting to assassinate Justice Brett Kavanaugh.
Boardman said the crime involved domestic terrorism but declined to apply the U.S. Sentencing Commission’s terrorism enhancement when calculating the sentence.
Federal prosecutors sought a 30-year term, citing a premeditated plot against a Supreme Court justice, while the defense emphasized Roske’s 911 call, surrender, and stated plan to die by suicide.
The judge referenced Roske’s gender identity and family acceptance as part of mitigation and noted custody concerns tied to a Trump-era policy on housing transgender inmates.
The Justice Department is appealing the sentence as conservatives escalate criticism, with Sen. Ted Cruz calling for Boardman’s impeachment.