A federal magistrate judge on Thursday ordered that Cole Tomas Allen remain in custody after the man accused of attempting to assassinate President Donald Trump waived his right to challenge his pretrial detention for the time being.
Allen, 31, told Magistrate Judge Moxila Upadhyaya during a hearing in Washington that he would not seek release ahead of trial, reversing course from a defense filing just a day earlier indicating he would push for bond. His attorney, Tezira Abe, said the decision was temporary and that Allen reserves the right to revisit the issue later.
“He’s conceding detention at this time,” Abe told the court.
Upadhyaya questioned Allen directly to confirm he understood the consequences of that decision. “Yes, your honor,” Allen replied quietly.
The hearing marked a procedural turn in a high-profile case stemming from Saturday’s shooting outside the White House Correspondents’ Association dinner at the Washington Hilton. Prosecutors allege Allen opened fire as he rushed a security checkpoint near where Trump and administration officials were gathered with journalists.
Allen, described in court filings as a California teacher and engineer with no prior criminal history, had initially sought release pending trial. His public defenders argued he had strong community ties and support from family and colleagues who could ensure compliance with release conditions, calling him a “loved and respected teacher” who had “never demonstrated violence.”
U.S. Attorney Jeanine Pirro has pushed aggressively for detention, citing the severity of the alleged conduct and the weapons involved. According to a criminal complaint, Allen traveled across state lines armed with a pump-action shotgun, semi-automatic pistol, and three knives, along with other gear.
Pirro, speaking on Fox News after the government’s latest filing drew scrutiny for omitting a reference to an injured Secret Service agent, asserted there is no ambiguity about who fired the weapon.
FOX NEWS: Do you know if Cole Allen fired a gun?
JEANINE PIRRO: I don’t think there’s any question but that Cole Allen was intending to fire that Mossberg. What we do know is that he fired that 12 gauge shotgun one time. The cartridge was still in the weapon. He fired in the… pic.twitter.com/9XvYt1sGdW
— Aaron Rupar (@atrupar) April 30, 2026
“I don’t think there’s any question but that Cole Allen was intending to fire that Mossberg,” Pirro said. “What we do know is that he fired that 12-gauge shotgun one time. The cartridge was still in the weapon. He fired in the direction of the Secret Service officer. The Secret Service agent did not shoot himself.”
Her remarks come as investigators continue to sort out conflicting early accounts of the shooting, including whether the struck agent was hit by Allen or friendly fire. Authorities have said forensic analysis is ongoing, though law enforcement officials have largely indicated the suspect fired the round.
According to the criminal complaint, Allen ran through a magnetometer at approximately 8:40 p.m. before a gunshot rang out. A Secret Service officer was struck once in the chest while wearing a ballistic vest and was later released from the hospital. The officer returned fire, discharging multiple rounds, but Allen was not hit. He was taken into custody at the scene.
Prior to the hearing, Pirro’s office submitted a letter to Allen’s public defenders, who had accused the government of making assertions that “appear to be either contradictory or at least somewhat undermined by statements by law enforcement.”
Writing on Pirro’s behalf, Assistant U.S. Attorney Jocelyn Ballantine argued that the government was “unaware of any such statements” that would “indicate that the recovered ballistics evidence is inconsistent with aspects of the government’s theory.”
“The government’s preliminary ballistics and video analyses show that your client fired his shotgun in the direction of USSS Officer V.G., which Officer V.G. observed,” Ballantine wrote. “Additionally, at least one fragment was recovered from the crime scene that was physically consistent with a single buckshot pellet; that fragment was recovered from a location at the scene consistent with your client firing his shotgun in the direction of Officer V.G.”
During Thursday’s hearing, Assistant U.S. Attorney Charles Jones attempted to continue presenting evidence supporting detention despite Allen’s concession. Upadhyaya rejected the request, sharply questioning its utility.
“What is the purpose of the government putting additional information on the record?” the judge asked, calling the approach “completely inefficient” and “truly unprecedented,” noting prosecutors would have to present the same evidence again if Allen later challenges his detention.
Allen faces three federal charges, including attempted assassination of the president, transportation of a firearm and ammunition in interstate commerce with intent to commit a felony, and discharging a firearm during a crime of violence. The most serious count carries a potential life sentence if convicted.
Investigators have also pointed to writings allegedly sent by Allen shortly before the attack, including a message to family members expressing regret and referencing grievances with the administration.
For now, Allen will remain behind bars as the case proceeds, with the option to revisit his detention status at a later stage.
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