Judge compares jail treatment of press dinner gunman to US Capitol rioters

(CNN) — A federal magistrate judge compared the Department of Corrections’ treatment of the man accused of opening fire at the White House Correspondents’ Dinner to that of January 6, 2021, Capitol riot defendants during a Monday hearing over the man’s jail conditions.

Attorneys for Cole Tomas Allen said in court filings that Allen was unfairly placed on suicide watch and restrictive housing inside the Washington, DC, jail where he is being held pretrial.

Allen, who is from California, allegedly rushed through a security checkpoint armed with a shotgun during the April 26 dinner where the president and top administration officials were in attendance. He faces several charges, including attempting to assassinate Trump.

At the hearing Monday, Judge Zia M. Faruqui lambasted the DOC for its treatment of Allen.

Faruqui said he’s handled scores of cases involving defendants who took to the Capitol on January 6, 2021, and Allen’s allegations of treatment — including being fully restrained by a five-point shackling system — were worse than how those defendants were treated.

“Pardons may erase convictions, but they do not erase history,” Faruqui said during Monday’s hearing, taking a shot at Trump’s mass pardon of those involved in the January 6 attack.

Faruqui is known for his advocacy of defendants’ civil rights.

“He’s been treated differently than anyone I’ve ever observed,” the judge added.

A representative from the jail said Allen was placed on suicide watch briefly after an initial evaluation from a doctor and final decisions on where he will be housed have not yet been made.

Allen had sent members of his family a note around the time of the attack that made clear he did not support the administration. In it, he thanked his family and friends — noting he likely will never be able to talk to them again, “unless the Secret Service is *astoundingly* incompetent.”

Faruqui concluded Monday’s hearing by personally apologizing to Allen and ordering the jail to inform him when a housing decision had been made.

“I’m sorry,” the judge told Allen. “Whatever you’ve been through, I apologize for that now.”

The judge also told the jail to provide Allen with the Bible he had requested, after his defense attorney mentioned that one “kind” jail guard shared some pieces of scripture with Allen.

After the hearing, DC US Attorney Jeanine Pirro tweeted about the judge’s comments.

“Welcome to Washington, DC, where U.S. Magistrate Judge Faruqui believes a defendant armed to the teeth and attempting to assassinate the president is entitled to preferential treatment in his confinement compared to every other defendant,” Pirro wrote.

This story has been updated with additional details.

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