A U.S. magistrate on Monday expressed alarm over the conditions faced by the man accused of attempting to assassinate President Donald Trump, apologizing to the defendant and ordering the jail to provide a prompt update on confinement arrangements.
U.S. Magistrate Judge Zia Faruqui said the treatment of 31-year-old Cole Allen - who allegedly fired a shotgun during a foiled attack at an April 25 press gala - was "legally deficient" and left the judge "disturbed." The judge cited Allen's placement on suicide watch, his separation from the general inmate population and the denial of access to a Bible as examples of conditions that were not appropriate for a person with no prior criminal record.
"Whatever you’ve been through, I apologize," Faruqui told Allen during a court hearing, saying he had an obligation to ensure Allen is "treated with the basic decency of a human being."
Allen, who is from the Los Angeles area, last week agreed to remain detained in the local Washington jail after his lawyers declined to contest prosecutors' assertions that he posed a danger. He faces charges including attempted assassination and firearms offenses and has not yet entered a plea.
Prosecutor Jocelyn Ballantine told the court that Allen told FBI agents at the scene of the annual White House Correspondents' Association dinner that he did not expect to survive the alleged attack.
Defense counsel raised concerns about Allen's treatment while in custody. They said he was placed on suicide watch despite showing no suicidal tendencies during a health evaluation, was confined to a padded cell for 23 hours a day, and was denied access to a Bible. Court filings and argument noted Allen has been removed from suicide watch but continues to be held in restrictive housing - a condition his lawyers said they did not oppose.
Judge Faruqui was pointed in his remarks about the jail's handling of Allen. "Right now, it’s not working. It’s insufficient. I think it’s legally deficient," he said, referring specifically to the manner of his confinement. At the same time, the judge emphasized that the seriousness of the allegations against Allen did not justify punitive conditions during pretrial detention.
In his remarks the magistrate drew a comparison to how some defendants from the January 6, 2021, attack on the U.S. Capitol were treated while housed in the same Washington jail. Faruqui said he found it notable that individuals charged in those cases, whom he described as engaging in comparable conduct, in some instances received more favorable treatment. "I’m fascinated and disturbed," the judge said.
The court also noted that many Capitol riot defendants, some of whom have since been pardoned by the president, had objected to their own treatment in that jail and were housed separately from other inmates. Faruqui instructed a lawyer for the jail to notify him by Tuesday morning when a final decision would be made about Allen’s confinement terms.
Legal proceedings remain ongoing. Allen has been charged but has not entered a plea. The judge’s comments focused on ensuring that pretrial confinement does not become punitive and that jail officials adhere to legal standards for treatment, particularly for detainees without criminal histories. The court ordered timely communication from the jail on any adjustments to Allen's housing arrangements.