'Extremely disturbing': Judge apologises to alleged Trump assassin, Cole Allen; cites January 6 cases in jail treatment criticism

A federal judge on Monday (May 4) sharply criticised the prison conditions imposed on the man accused of attempting to assassinate President Donald Trump, even issuing an apology in court over his treatment. Cole Allen, 31, has been in federal custody after prosecutors alleged he tried to gain access to the White House Correspondents' Dinner ballroom with the intent to kill Trump and other senior government officials. Magistrate Judge Zia Faruqui expressed concern to an attorney representing the Department of Corrections (DOC), saying he was ‘fascinated and disturbed’ by how Allen had been treated while in custody. Allen was initially placed on suicide watch following his arrest.

Under suicide watch protocols, Allen was kept in a ‘safe cell’ under 24-hour lockdown, with no phone access and no ability to receive visitors aside from his legal team. His attorneys had also requested access to a tablet to help him prepare his defense. Allen was also reportedly denied access to a Bible despite multiple requests. Prosecutor Jocelyn Ballantine argued that Allen could pose a risk to himself, saying that he had told investigators he did not expect to survive the alleged attack.

However, Faruqui questioned that reasoning and compared Allen’s treatment to that of individuals arrested in connection with the January 6, 2021, Capitol riot.

"To me it’s extremely disturbing that he was put in five-point restraints, a person with no criminal history," Faruqui said, emphasising that Allen is presumed innocent. “It’s troubling. I never heard of one January 6 defendant who was put in five-point restraints or in a safe cell. If the only way to keep him safe is the most punitive thing, that’s a problem.” The judge said that even January 6 defendants were housed in a Correctional Treatment Facility (CTF), which is considered less restrictive. "Pardons may erase convictions, but they don’t erase history," he said. "They were hanging gallows outside."

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Faruqui questioned the fairness of the process under such conditions. "What am I to say to Allen that this is going to be a fair process if we’re putting him in a safe cell when he’s not supposed to be in there?" he said. “At a minimum, I should be apologizing to him. We are obligated to make sure he’s taken care of. Mr. Allen, I’m sorry that things have not been the way they are supposed to.” He also addressed Allen directly, promising to follow up on his housing conditions. "The jail is going to let me know by tomorrow morning about what’s going on with your housing situation," he said, "If not, I’m going to have more questions for them. We should be able to get you into the medium portion of the jail, with windows."

Faruqui encouraged Allen to assert his legal rights. "Legal visits, ask for legal visits, do not accept that these things are acceptable," he said. “We will get you the Bible. If we can get someone vegan food, we can get you a Bible, we can make sure you’re not in five-point restraints.” The judge ordered jail officials to provide an update by the following morning regarding Allen’s confinement conditions. The criticism followed a motion filed Sunday by Allen’s lawyers requesting his removal from suicide watch. The motion was later withdrawn after attorneys said Allen was no longer under those restrictions.

Despite the withdrawal, Faruqui required prosecutors, defense attorneys, and a DOC representative to appear in court for an emergency hearing. "The Court has grave concerns about the defendants' seemingly unprompted solitary confinement for days and overall conditions of confinement," Faruqui wrote. “As such, the parties and a representative of the Department of Corrections shall appear in Courtroom 4 at noon on May 4, 2026, to explain the conditions of confinement.” Allen declined a pre-trial detention hearing on April 30 and remains in custody. He is scheduled to appear in court for a preliminary hearing on May 11.