WASHINGTON — The man who allegedly targeted President Donald Trump at the White House Correspondents’ Dinner agreed in federal court Thursday to remain jailed as the Department of Justice continues its investigation, including examining ballistics to prove a single shot fired at a Secret Service agent came from the defendant’s weapon.
Cole Tomas Allen, 31, of California, appeared before U.S. District Magistrate Judge Moxila A. Upadhyaya in Washington, D.C., five days after he allegedly charged security one level above the Washington Hilton ballroom where Trump, Vice President JD Vance and several Cabinet officials were attending the annual black-tie event that dates back a century.
Allen is charged with attempting to assassinate the president, interstate transportation of a firearm with intent to commit a felony and discharge of a firearm during a crime of violence.
He faces up to life in prison if convicted of attempting to kill the president. Trump, first lady Melania Trump and Cabinet members all safely evacuated the ballroom. A Secret Service agent was hit by gun fire, but was protected by his bulletproof vest.
Government prosecutors argued Wednesday in a court filing Allen prepared for a mass casualty event. Allen was allegedly armed with a 12-gauge pump-action shotgun with one spent cartridge in the barrel and eight unfired rounds in the magazine.
The defendant also had on him 16 unfired cartridges, attached to his body with Velcro and in a small bag, plus a .38 caliber pistol loaded with 10 rounds, and two other handgun magazines, each with nine rounds, according to the government.
The filing also alleges Allen carried “two knives, four daggers, multiple sheaths, multiple holsters, needle nose pliers, (and) wire cutters.”
Detention argument
Despite Allen conceding to remain jailed, Assistant U.S. Attorney Charles R. Jones requested to present the government’s reasoning in court to keep him detained.
Upadhyaya denied the request, calling it “a completely inefficient way of proceeding,” given DOJ had already won its motion.
“I guarantee you that if the defendant challenges his detention in the future, you would be doing your exact same presentation all over again,” Upadhyaya said.
She asked: “What audience is your supplemental information for?”
Defense attorney Teriza Abe said she wasn’t contesting the government met its argument for detention.
Abe asked the judge to intervene in Allen’s detention conditions. He is being held at the D.C. jail in a “safe cell” that is monitored 24 hours a day meant to prevent him from endangering others or self-harm.
“He’s not a danger to anyone in the jail,” Abe said.
Upadhyaya instructed her to file a motion to allow the government’s response.
“I don’t have the authority, nor would I presume I can override the judgement of the jail,” Upadhyaya said.
A preliminary hearing is scheduled for May 11. Abe requested prosecutors provide evidence for the defense’s review by May 8.
Shot at Secret Service agent
Allen’s attorneys requested Thursday that prosecutors provide evidence ahead of the detention hearing, including any information and video showing Allen did not fire a shot at the Secret Service agent, referred to by the government in court filings as V.G.
U.S. Attorney for the District of Columbia Jeanine Pirro responded that the government’s preliminary investigation shows Allen fired one shot in the direction of the Secret Service agent.
“With respect to your specific requests for information, the government’s investigation is ongoing and its analysis of the crime scene evidence and recovered ballistics evidence is not yet complete,” Pirro responded.
However, Pirro also wrote that Allen has not been charged with crimes against any other individual, except the president.
Allen’s lawyers protest jail communications setup
Allen’s attorneys said in a filing Wednesday the D.C. jail personnel had not permitted the defendant to meet separately with counsel.
“Despite the guarantees of the Sixth Amendment, DOC staff have refused Mr. Allen the opportunity to communicate with counsel in a way that protects the confidentiality owed to him,” they wrote.
The public defenders said they had to speak to Allen via a phone booth where he was restrained.
“Counsel were forced to sit in an open, lobby area with jail staff and other attorneys standing nearby who could overhear the entirety of counsel’s side of the conversation,” according to the filing.
U.S. Magistrate Judge Matthew J. Sharbaugh ordered D.C. Department of Corrections staff Thursday to permit unrestricted visits.
Abe said counsel was then able to meet with the defendant prior to Thursday’s hearing.
