As you might recall, Nicholas Roske attempted to murder Justice Kavanaugh in 2022. And regular readers might also recall that he now goes by the name Sophie and claims that he is a woman, a fact we reported previously, here. We won’t be entertaining that nonsense here—as far as we are concerned the defendant is a man with the first name of Nicholas (which is still his legal name, anyway).
But unfortunately, Federal District Judge Deborah Boardman did entertain this nonsense while presiding over this case:
(There is no cut off text. The post just suddenly cuts off.)
From the article:
During the hearing, Boardman referred to Roske as a transgender woman, and Roske’s attorneys told the court recently that while their client’s legal name is Nicholas, Roske goes by the name Sophie and uses female pronouns.
Boardman, a Biden appointee, said she factored into the sentence her concern about Trump’s executive order requiring transgender inmates to be detained in prisons that correspond to their sex at birth.
The article also mentions that the Department of Justice asked for thirty years in prison. The defense asked for eight, which is what the judge granted.
We will also note that the judge didn’t seem to believe that being transgender itself mitigated his guilt, at least in the coverage we have seen. That would probably be too close to suggesting that transgender people are dangerous for her comfort. She just believed that Roske would suffer more in prison if he wasn’t able to serve his time with actual women inmates. Sigh.
And to be fair, there was another huge mitigating factor: He didn’t actually attempt to strike the blow. He came near to Kavanaugh’s house and then thought better of it. From the article:
The assassination attempt came at a time when activists were protesting in front of conservative justices’ homes, leading the DOJ to deploy U.S. marshals to their houses to provide around-the-clock security.
Roske acknowledged noticing marshals at Kavanaugh’s house, which prosecutors said prompted Roske to change course and walk down the street before self-reporting to 911.
Roske’s ‘goal explicitly was both to alter the outcome of a pending Supreme Court case, a consequential case,’ and ‘to change the composition of the court for decades to come,’ [DOJ prosecutor Coreen] Mao argued to the judge.
Heck of last name for the prosecutor, but we won’t hold that against her.
But our point is that there is a world of difference between that assassination attempt and Thomas Crooks’ attempt on Trump that left the once and future president wounded in his ear. Of course, the law says that what Roske did and what Crooks did are both attempted assassinations, but Crooks actually took a shot at Trump, and Roske backed off and turned himself in. Indeed, not to put too fine a point on it, but Roske probably could have left the area and never said a word, and the Feds might never have realized a crime took place. If we were sitting in the case, that would have been a significant mitigating factor. But eight years is too short a time. We frankly would still lean closer to the DOJ’s requested thirty years.
Of course, if officials were wise, they would push to have Roske committed when he comes out of prison. That could hold him in custody indefinitely, to prevent him from trying again.
Further, based on coverage, the judge seemed much more sympathetic to Roske’s suffering as a transgender person than the outrage not only committed against Kavauagh but also to the American people. Roske was specifically trying to change the composition of the Supreme Court. He reportedly intended to kill three justices, total. And all of this was designed specifically to save Roe v. Wade and otherwise to preserve other leftist victories in the Supreme Court.
And do we have to remind you how profoundly undemocratic Roe was? Roe took away the right of every American to make abortion policy through their votes. It didn’t matter how popular a law was restricting abortion, if it went beyond the limitations imposed by fiat by the Supreme Court in Roe and its progeny, we couldn’t have that law—unless we amended the Constitution, first. Overturning Roe made America a more democratic country, and the so-called ‘Democratic Party’ screamed bloody murder when it happened.
Maybe they call themselves the Democratic Party ironically? Like they make air quotes every time they say it? shrugs
So Mr. Roske attempted to use murder to protect an outrage against the principle of democracy. That should have been the subject of Boardman's concern. But as we said, the behavior of Judge Boardman was nothing less than shameful:
And here comes the really galling part:
Gee, we are really glad this attempted murder could bring his family closer together. eye roll How on earth does this judge think it is appropriate to mention such a thing?
Good lord. Indeed, this seems to be in part a protest of Trump's policies.
The good news is Bondi is appealing:
The cut off text:
“The attempted assassination of Supreme Court Justice Brett Kavanaugh was a disgusting attack against our entire judicial system by a profoundly disturbed individual. The Department of Justice will be appealing the woefully insufficient sentence imposed by the district court, which does not reflect the horrific facts of this case.”
Democrats never think of the incentives they are creating.
One would think that the judge would wait at least a month after the Charlie Kirk assassination to start pretending that political violence is not such a big deal these days.
Finally, one interesting question is … what if for some reason this comes to the Supreme Court? As we have said before, the rule is that if every Supreme Court justice has a reason to be biased, then none of them sit it out. We do suspect that Kavanaugh would recuse himself because he is literally the most direct victim. But every single justice there could say that this guy tried to kill one of their colleagues. So, we suspect that all of the remaining justices would remain in the case, if there was an appeal.
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