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Man accused in Kavanaugh assassination plot pleads not guilty

Nicholas Roske, 26, appeared in federal court Wednesday in Greenbelt, Md.

June 22, 2022 at 5:21 p.m. EDT
U.S. Supreme Court Associate Justice Brett M. Kavanaugh (Joshua Roberts/Reuters)

A California man accused of plotting to assassinate Supreme Court Justice Brett M. Kavanaugh pleaded not guilty in federal court Wednesday.

Nicholas Roske, who authorities say flew across the country with plans to break into the justice’s Maryland home in the middle of the night, entered the plea as part of his arraignment before U.S. Magistrate Judge Ajmel A. Quereshi in Greenbelt, Md.

The 26-year-old, dressed in maroon prison clothes, said little during the 11-minute session that followed his indictment last week on a count of attempting to kill a U.S. judge. He spent much of the hearing seated and bent over the defense table, his face inches from the surface and his hands clasped behind his neck.

Roske’s attorneys, Andrew Szekely and Meghan Michael, agreed to a prosecutor’s request that their client remain held pending further court actions. They declined to comment after court, as did Assistant U.S. Attorney Kathleen O’Connell Gavin.

Roske has been held since June 8, when he was arrested outside the conservative justice’s home early that morning. With him, according to accusations filed in federal court, were a suitcase and backpack that contained lock-picking and burglary tools, a Glock pistol, 37 rounds of ammunition, an aiming laser and a pair of boots with padded outer soles that could allow stealth movement.

Police: Roske texted sister who help convince not to go through with his plan

According to court records, Roske made detailed preparations for his plan, including buying the pistol. After flying into the Washington area, authorities say, he took a cab to Kavanaugh’s home and reached his narrow, leafy street in Chevy Chase at about 1:05 a.m.

Also with him, according to court filings, was a black mask, duct tape, hard-knuckled gloves and a “black tactical chest rig with pepper spray and black Gerber knife.” What wasn’t in his bags, according to police, was any change of clothes that would indicate he had other plans in the area.

But as soon as Roske arrived, those same filings show, he seemed to make moves toward changing his plans, according to authorities. First he saw two men standing outside Kavanaugh’s home — both deputy U.S. marshals assigned to protect the justice and his family — which prompted Roske to turn and walk down the street, round a corner, and end up about 1 1/2 blocks away, according to local and federal officials.

During that time, he texted his sister and told her of his intentions, according to Montgomery County Police Chief Marcus Jones.

“She convinced him to call 911, which he did,” Jones said.

Some 33 minutes passed between Roske getting out of the cab and his calling 911, according to federal court filings and a copy of his 911 calls.

Several attempts to reach Roske’s sister and other members of his family have been unsuccessful. His public defenders previously declined to comment.

The standard hearing Wednesday was designed for Quereshi to explain the charge against Roske and confirm that he understands it.

“The indictment charges you with attempting to assassinate a justice of the United States,” Quereshi said.

The judge asked Roske if he’d seen a copy of the indictment and knew the charge. “Yes I do,” Roske said.

Moments later, when Quereshi asked, “What is your plea, sir?” Roske answered, “Not guilty.”

The charge is punishable by up to life in prison.

Earlier: Legal experts discuss strength of case, possible defenses for Roske

In charging Roske with attempted murder of a U.S. justice, federal authorities are asserting that he went far enough along with his plan even if he ultimately didn’t go through with it. Experts on federal criminal law say they may well be on solid ground.

Earlier: Listen to Roske's 911 calls as he allegedly turns himself in

Eugene Volokh, a law-school professor at the University of California at Los Angeles, said a key in such cases 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 said.