Federal judge ignites firestorm by apologizing to Trump assassination suspect and comparing his jail treatment to Jan. 6 detainees

A Washington Federal District Court magistrate judge's decision to apologize in the middle of a hearing to the man accused of trying to assassinate the president Donald Trump generated a wave of outrage among Republican lawmakers and figures close to the president, who questioned both the judicial decision and the comparison the magistrate himself drew with those arrested for the Jan. 6, 2021, assault on the Capitol. 

Magistrate Zia Faruqui convened an emergency hearing Monday to review the conditions of detention of suspect Cole Allen, 31, in federal custody since April 25, when, according to the prosecution, he tried to enter the room where the annual dinner of the White House with the intent to kill Trump and other cabinet officials. Although Allen's defense had withdrawn a motion Sunday calling for a review of the prison regime, Faruqui decided to go ahead with the hearing.

According to the defense, Allen was locked up 24 hours a day in a security cell; was restrained with five-point restraints—a technique that immobilizes wrists, ankles, and torso; was not given access to a telephone; and was denied, on at least two occasions, a Bible he had requested.

Federal prosecutor Jocelyn Ballantine argued that these measures were justified because Allen himself had told investigators that he did not expect to survive the attack and therefore posed a risk to himself.

The argument did not come close to convincing the judge.

"To me, it's extremely disturbing that he was put in five-point restraints, a person with no criminal history," Faruqui said, recalling that Allen is presumed innocent. And then he threw out the comparison that generated controversy: "I never heard of one Jan. 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."

That reference, along with Faruqui's next sentence, lit the fuse: "Pardons may erase convictions, but they don't erase history. They were hanging gallows outside."

Faruqui then addressed the accused directly and formalized the apology: "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 assured him that he was going to get a 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."

"This is insane"

The justice's remarks drew an immediate reaction from the Republican Party. Utah Sen. Mike Lee stated: "This man nearly killed federal officers on his suicide mission to assassinate the President of the United States, so naturally a federal judge is apologizing to him for being restrained."

Indiana Republican Sen. Jim Banks went further: "This is insane."

Taylor Budowich, former deputy chief of staff for the White House and cabinet secretary, launched a broader critique: "These leftist judges are destroying the judiciary. Their partisan bias and venomous hatred are an absolute affront to the rule of law. Cole Allen was armed with enough firepower to slaughter every Trump official he could reach—fully accepting he might also murder law enforcement and reporters in the process, as detailed in his manifesto."

Adding to the criticism was former professional soccer player Jay Feely, turned sportscaster and conservative activist.

"A US magistrate judge is apologizing to the man who tried to kill the President of the United States?" he wrote on X. "This is the perfect example of the liberal rot in our judicial system. Liberal judges continually put the rights and comfort of criminals before the safety of Americans."

Despite the controversy, Faruqui ordered the Department of Corrections to report by Tuesday morning on Allen's housing situation and made the case that he should be moved to the prison's medium-security, windowed section. Allen, who on April 30 waived his right to a pretrial hearing, remains in custody and will appear in court again on May 11 at a preliminary hearing.