The man who is accused of plotting an assassination attempt against Supreme Court Justice Brett M. Kavanaugh moved Friday to toss statements he made to investigators and what he said was a warrantless search and seizure of his belongings.

Nicholas Roske told a federal court that he was having suicidal and homicidal thoughts on June 8, 2022, outside of Justice Kavanaugh’s home where he called 911, saying he needed psychiatric help.

He had texted his sister that he loved her, so she called to check on him and convinced him not to harm anyone and to call authorities. 

Mr. Roske did phone 911 and was met by a Maryland police officer who he said interrogated him without issuing Miranda rights. Miranda rights — the right to remain silent and to have counsel present among other warnings — must be given to a defendant prior to interrogation.

His lawyers acknowledge he was later given the Miranda warnings once at the police station, but was not in the right mental state to waive the rights.

“While federal agents advised Mr. Roske of his rights and obtained his signature on a rights-waiver form, this waiver was not made voluntarily and intelligently. At the time, Mr. Roske was acutely suicidal, visibly exhausted, and had repeatedly expressed his need for psychiatric care,” the filing read.

His lawyers say the statements violate his 5th Amendment right and must be suppressed.

During his 911 call, the dispatcher told Mr. Roske to put his bags — which contained a firearm — away from him as police arrived. He stood about 20 yards from the bags and told the dispatcher he had been hospitalized multiple times for thoughts about harming himself. He disclosed to authorities what was in his bags.

Mr. Roske argues the search of his pockets and his belongings without a warrant violated the 4th Amendment.

He is expected to go to trial in June after his lawyers and the prosecution could not agree to a plea deal.

The trial, which is set to begin June 9, will take place roughly three years after his initial arrest. He has remained in custody since his arrest.

Mr. Roske has pleaded not guilty after being charged with attempting to assassinate a Supreme Court justice. He could spend the rest of his life in prison.

Mr. Roske traveled from California to Justice Kavanaugh’s Maryland home in 2022 after the unprecedented leak of the draft opinion that revealed the high court was poised to overturn Roe v. Wade, the landmark case giving women a national right to abortion. He was motivated by the court’s rulings pertaining to abortion and expanding gun rights, according to court records.

The case is pending before U.S. District Judge Peter Messitte, a Clinton appointee.  

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.