Would-be Kavanaugh killer will NOT serve his time in women’s prison

Bondi told the Senate that the Department of Justice would be appealing the diminutive sentence and that immediately after the ruling was handed down she said they would be doing so. When Ted Cruz indicated the judge wanted to put Nicholas Roske, the man convicted of the attempted killing, in the women's prison, Bondi said, "That's not going to happen."

"Senator, that's not going to happen," Bondi said. "That's not going to happen in the Bureau of Prisons now."

In delivering her ruling, Judge Deborah Boardman said that she was taking Roske's transgender identity into account. She had concerns that President Donald Trump's policy stating that men are not women would mean that Roske, a man, would be forced to serve his sentence in a men's prison and would not be able to access cross-sex hormones while in lock-up.

Boardman referred to Roske as "she" throughout sentencing after Roske's attorneys announced, ahead of sentencing, that Roske was now claiming to be female and that while they declined to change court records, they would be referring to him as "she."

Many news outlets ran articles in which they claimed that Roske was female, using "she/her" pronouns and calling him a woman. Canada's CBC even said of Roske, "California woman sentenced to more than 8 years over plot to kill Supreme Court justice." Roske only began identifying as trans after he ended up in jail awaiting trial for his crime. He also had plans to target additional justices.