Man charged in Trump assassination attempt to remain in custody

The California man accused of trying to assassinate President Donald Trump is going to remain in custody for the foreseeable future, after his defense team at an April 30 hearing dropped its challenge to the government keeping him jailed.

"At this time, we are conceding detention," Tezira Abe, one of two lawyers appointed to represent Cole Tomas Allen, 31, said in a surprise move at the start of the hearing. The day before, the defense team filed a memo arguing Allen should be released ahead of his trial.

Allen faces assassination and firearm charges after prosecutors say he attacked the White House Correspondents' Association dinner at a Washington, DC, Hilton hotel April 25. Allen was apprehended after firing a shotgun in the direction of stairs leading to the ballroom dinner area, prosecutors said in an April 29 court filing.

The Justice Department alleged Allen took a photo of himself before committing the "most serious" crimes in U.S. law. An enhanced version of the image included in the filing shows him wearing a sheathed knife, pliers and wire cutters, consistent with items later recovered when law enforcement arrested him, according to the DOJ.

Prosecutors say Allen emailed family, friends and a former employer about his plans minutes before the attack. He told them administration officials – with the exception of FBI Director Kash Patel – "are targets," and that he would prioritize them "from highest-ranking to lowest," according to the message published by the New York Post and independently confirmed by USA TODAY.

In light of that evidence, there are no bail conditions that would keep others safe if Allen were allowed to go free, according to prosecutors.

"So long as the President and members of his Cabinet continue to appear publicly, which they undoubtedly will, the defendant’s motivation for violence remains," they wrote in the April 29 filing.

'Truly unprecedented': Judge denies prosecutor's request to present more allegations against Allen

Prosecutor Charles Jones appeared eager at the April 30 public hearing to present more about the case, even though Allen dropped his fight against detention. He argued the court still had an obligation to hold a detention hearing, and the government had an interest in presenting supplemental information.

However, Magistrate Judge Moxila A. Upadhyaya appeared flummoxed by the request, asking "what audience" that would be for.

"What is the purpose of the government putting additional information on the record?" she queried.

Upadhyaya noted that, if Allen renews his fight against detention, he may by that time be in front of a different judge, who may want to hear fresh arguments on the issue. She said she had never had a request by the government to hold a detention hearing after it had already won its bid to keep the criminal defendant behind bars.

"I'm denying the government's request. It's truly unprecedented," she said.

Defense complains of 24-hour jail lockdown for Allen

Allen's lawyers argued in their own April 29 court filing that there were good reasons to release him ahead of trial. He has no criminal history – "not even prior arrests" – and has an impressive educational background, including a mechanical engineering bachelor's degree and a computer science master's degree, they said.

The defense team also said Allen has a support network to keep him in line, if the court agreed to release him.

"He was gainfully employed as a tutor in his home state of California and has support from family and friends who will ensure that he will not be in violation of any conditions of release that the Court orders," according to the filing. "He also dutifully attends his Christian church and is an active participant in his religious community."

With the challenge to detention now dropped, defense lawyer Abe said at the April 30 hearing that the defense was nonetheless concerned about Allen's conditions in jail.

"We would like the court to order the jail not to have him on 24-hour lockdown," she said.

However, Judge Upadhyaya said she wouldn't override the jail without reviewing formal court filings from both the defense and prosecution first.

"I understand your concerns, but I'm not just making that judgment call or order on the fly," she said.

Defense team says Allen's rights violated in jail

The defense team had raised concerns about Allen's jail conditions ahead of the April 30 hearing.

In an April 29 court filing, the defense said the jail that is holding Allen had violated his right to confidential legal visits the day before by making him confer with his legal team over a phone in a public area of the jail, while he was tied down and caged.

"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," the defense wrote.

Within hours, Magistrate Judge Matthew J. Sharbaugh issued an order for the D.C. Department of Correction to "permit Mr. Allen and his defense team to have contact, unrestricted legal visits during the pendency of his case."

Allen's next court date is a preliminary hearing on May 11. That is akin to a mini-trial, where the prosecution calls witnesses and introduces evidence, and the defense may cross-examine those witnesses. If the judge overseeing the hearing concludes the defendant probably committed the crime, the charges will be allowed to go forward.