Attorneys for Cole Allen, the man accused of attempting to assassinate President Donald Trump at the White House Correspondents’ Dinner, initially argued he should be released before trial but later reversed course in court and agreed he should remain in custody.
In a filing submitted Wednesday, Allen’s legal team maintained that the 31-year-old CalTech graduate did not pose a threat and should not be detained ahead of trial. They pointed to the type of weapon he carried as part of their argument that he was not equipped to carry out a large-scale attack in a room filled with top government officials, including the president and first lady Melania Trump.
“Mr. Allen has no criminal history — not even prior arrests, which alone would rebut the presumption of detention,” they wrote in an 11-page filing.
“The government’s rhetoric about a ‘mass shooting’ is also unsupported by its own proffered facts. Mr. Allen was not alleged to be holding an automatic or even semi-automatic weapon that are the hallmarks of the modern-day mass shooting,” they added.
Federal authorities say Allen was armed with a loaded 12-gauge Mossberg Maverick shotgun with an extended magazine when he attempted to force his way through a Secret Service checkpoint at the event. Prosecutors also disclosed that he had taken a selfie showing himself carrying additional weapons, including a .38 Super-caliber semi-automatic handgun and several knives.
Despite the defense’s argument, authorities noted that shotguns have been used in past mass shootings, including the Columbine attack, the 2012 Aurora theater shooting, and the 2018 high school shooting in Santa Fe, Texas.
At a hearing Thursday, defense attorney Tezira Abe changed position, telling the court, “At this time, we are conceding detention.”
Abe indicated that the issue of bail could still be raised at a later stage.
She also asked Magistrate Judge Moxila Upadhyaya to move Allen out of the “safe cell” where he has been held under strict conditions since the incident, describing his confinement as “24-hour lockdown.”
Even while conceding detention, Abe reiterated the defense’s claim that Allen did not pose a threat, stating he was not “of danger to anybody.”
Allen appeared in a Washington, D.C., federal courtroom wearing an orange jumpsuit and canvas shoes, with his hands restrained behind his back. He spoke only briefly, quietly greeting the judge with “Good morning.”
Prosecutor Charles Jones sought to present arguments supporting continued detention, but the judge declined to hear them at that time.
“I’m denying the government’s request,” she said. “It’s truly unprecedented.”
Judge Upadhyaya explained that since the defense was not contesting detention at the moment, it would be inefficient to proceed with arguments that might need to be repeated if the issue arises again.
In their written submission, Allen’s attorneys portrayed him as a previously respected individual within his community.
“He is a devout Christian who has spent countless hours with church groups for as long as family and friends can remember. He is a loved and respected teacher and colleague who has always demonstrated kindness, empathy, and compassion, and never violence,” wrote the federal public defenders.
They also challenged the prosecution’s assertion that Allen specifically intended to target the president, disputing the interpretation of a manifesto he allegedly circulated. In that document, Allen expressed a desire to attack members of the administration, though he excluded FBI Director Kash Patel.
“The government’s evidence of the charged offense — the attempted assassination of the president — is thus built entirely upon speculation, even under the most generous reading of its theory,” they concluded.
“While the government may be able to say that the letter expresses an intent to target administration officials, it falls well short of narrowing those officials to President Trump.”
Prosecutors, however, are seeking to keep Allen behind bars as the case moves forward. He faces charges including attempted assassination of the president, transporting a firearm across state lines to commit a felony, and discharging a weapon during a violent crime.
Court filings also included images taken by Allen in a hotel room at the Washington Hilton prior to the incident, showing him armed before attempting to breach security.
Allen has not yet entered a plea.
{Matzav.com}