Justice Department Appeals 8-Year Sentence for Attempted Kavanaugh Assassination

Federal prosecutors filed an appeal this week challenging an 8-year prison term for a guilty plea in a plot to kill a Supreme Court justice. The sentence was imposed last October after the defendant changed a not-guilty plea and admitted to traveling from California to the justice's residence with a firearm and burglary tools.

The defendant had initially pleaded not guilty but later admitted to the conduct after confessing to investigators. Prosecutors had sought a 30-year term consistent with federal sentencing guidelines for domestic terrorism offenses.

The sentencing judge cited the defendant's transgender identity and an executive order directing that transgender women be housed in male-only federal facilities as reasons supporting a shorter term. The judge also stated there was insufficient evidence that the presence of law enforcement was the sole reason the defendant abandoned the plan.

The same order imposed lifetime supervised release following completion of the prison term.

Department officials stated the sentence was "woefully insufficient" and filed notice of appeal shortly after the October hearing. Their opening brief is due Monday in the U.S. Court of Appeals for the 4th Circuit. The appeal will examine whether the sentencing judge followed proper procedures and exercised appropriate discretion under federal guidelines.