A federal judge expressed sharp disapproval Monday of how Cole Allen has been treated since his arrest, apologizing directly to the man accused of firing a shotgun during an alleged assassination attempt on Donald Trump at a Washington gala in April.
US Magistrate Judge Zia Faruqui said the conditions amounted to improper confinement for someone without a criminal history. Allen, 31, was isolated from other inmates, placed on suicide watch despite showing no suicidal indicators, confined to a padded cell for 23 hours daily, and denied access to a Bible.
"Whatever you've been through, I apologize," Faruqui told Allen during the court hearing. He stressed his obligation to ensure the defendant "is treated with the basic decency of a human being."
The judge called Allen's current housing situation "not working" and "legally deficient," noting that pretrial detention should not function as punishment. Allen has been charged with attempted assassination and firearms offenses and has not yet entered a plea.
Allen was removed from suicide watch last week but remains in restrictive housing. His lawyers had raised concerns that the suicide watch placement lacked medical justification. Prosecutors argued that Allen told FBI agents after his arrest at the White House Correspondents' Association dinner that he did not expect to survive the alleged attack.
Allen agreed last week to remain detained after his defense team did not contest prosecution arguments that he posed a danger to the community.
Faruqui drew a striking comparison to how defendants charged in the January 6, 2021, Capitol riot were handled in the same Washington jail. Many of those defendants objected to their confinement in a separate housing unit, yet Faruqui suggested they received more favorable treatment despite allegedly engaging in comparable conduct. Trump has since pardoned many Capitol riot defendants.
"I'm fascinated and disturbed," Faruqui said of the disparity.
The judge ordered the jail's legal representative to report back by Tuesday morning with a final decision on the terms of Allen's confinement.
Author James Rodriguez: "A judge openly apologizing to a defendant and calling jail treatment legally deficient is rare and signals real judicial concern about whether the system is working fairly."
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