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A federal judge on Monday decried the prison treatment of President Donald Trump’s alleged would-be assassin, and apologized to him for restrictive confinement imposed by jail staff.
Cole Allen, 31, has been in federal custody since prosecutors say he attempted to gain access to White House Correspondents’ Dinner ballroom and kill Trump along with other high-level government officials.
Magistrate Judge Zia Faruqui told an attorney representing the Department of Corrections (DOC) that he was “fascinated and disturbed” by Allen’s treatment in jail. Allen was placed on suicide watch when he was first imprisoned.
A sketch shows Cole Allen at a hearing in E. Barrett Prettyman United States Courthouse in Washington, D.C., on April 30, 2026. Allen faces three counts, including attempting to assassinate the president, transporting a firearm across state lines, and discharging a firearm during a crime of violence. (Dana Verkouteren)
Suicide watch protocols mandated that Cole remain 24-hour lockdown in a “safe cell,” have no phone access to call or receive visits from anyone other than his legal team, according to the motion. His lawyers also wanted him to be able to obtain a tablet to assist in his legal defense.
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He was also allegedly denied a copy of the Bible despite more than one request.
Prosecutor Jocelyn Ballantine reasoned that since Allen told investigators he did not expect to survive the alleged attack, he could be a danger to himself.
But an incredulous Faruqui wasn’t convinced by that argument.The judge drew comparisons between Allen and defendants arrested for rioting at the Capitol on January 6, 2021.
Sketch of Cole Allen during his first appearance at E. Barrett Prettyman United States Courthouse in Washington, D.C., on April 27, 2026. Allen faces three counts, including attempting to assassinate the president, transporting a firearm across state lines, and discharging a firearm during a crime of violence. (Dana Verkouteren)
“To me it’s extremely disturbing that he was put in five-point restraints, a person with no criminal history,” Faruqui said, later adding 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 even January 6 defendants were only house in a Correctional Treatment Facility (CTF), a less restrictive form of prison housing.
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“Pardons may erase convictions, but they don’t erase history,” he said. “They were hanging gallows outside.”
“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?” Faruqui 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.
“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.”
“Legal visits, ask for legal visits, do not accept that these things are acceptable,” Faruqui advised. “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 the jail to update him by tomorrow morning about Allen’s jail accommodations.
Cole Allen appears in court at the E. Barrett Prettyman United States Court House in Washington, D.C., on April 27, 2026, facing charges including attempting to assassinate the president, transporting a firearm across state lines, and discharging a firearm during a crime of violence. (Dana Verkouteren)
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The thrashing of the DOC and prosecution followed a motion filed on Sunday by Allen’s attorneys requesting he be removed from suicide precautions in prison.
However, Allen’s attorneys asked withdraw the motion on Sunday afternoon after they said they learned that Cole was no longer under the jail’s suicide precautions.
Despite the withdrawal, Faruqui ordered the prosecution, defense and a legal counsel for the DOC to appear before him for the Monday emergency hearing.
Law enforcement personnel detain Cole Tomas Allen, a suspect in the shooting incident at the White House Correspondents’ Association dinner in Washington, D.C., on April 25, 2026. (Donald J Trump via Truth Social/Handout via Reuters)
“The Court has grave concerns about the defendants seemingly unprompted solitary confinement for days and overall conditions of confinement,” Faruqui’s response to the motion said. “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.”
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On April 30, Allen declined to exercise his right to a pre-trial detention hearing. He remains in custody, and is expected in court for a preliminary hearing on May 11.
Fox News Digital reached out to Allen’s attorneys for comment.