Charging the alleged potential assassin of Supreme Court Justice Brett Kavanaugh with attempted murder was a bridge too far, according to the law, legal expert Alan Dershowitz told Newsmax.
"I hate to give you the bad news, but he cannot be convicted of attempted murder," Dershowitz told Saturday's "America Right Now." "He didn't go far enough. This is what's called preparation. For it to be attempted murder he has to come a lot closer to actually having killed, than just surveilling a house.
"He could be charged with other crimes, but he can't be successfully prosecuted for attempted murder."
The FBI charged Nicholas John Roske with the attempted murder of Kavanaugh after Roske called the Montgomery County, Maryland, Emergency Communications Center about 1 a.m. ET on Wednesday, telling the dispatcher that he had a gun in his suitcase, was suicidal, and had traveled from California to kill Kavanaugh.
Often, the danger of overcharging an alleged criminal could be risking an acquittal, but Dershowitz noted overcharged in this case likely will result in "not getting off, but getting a lighter sentence."
"I've been teaching attempts and arguing some of the most important attempt cases throughout the last century and this century, and this case doesn't cross the line into attempted assassination," Dershowitz concluded to host Tom Basile.
"It's a very serious crime, and we may have to change the laws to give more protection to justices and other members of the public, because the law today isn't enough.
"If there were two people involved, it would be enough: It would be called a conspiracy. For one person to be charged with attempt, he has to come closer."
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