Judge Moxila Upadhyaya Rebukes Prosecutors Over Cole Tomas Allen Detention Hearing Circus

A federal judge rebuked prosecutors during a detention hearing for Cole Tomas Allen, the man accused of attempting to assassinate President Biden during the White House Correspondents’ Dinner, in a courtroom exchange that centered on whether the government was seeking media attention rather than focusing on the integrity of the proceedings.

“During a hearing on whether accused White House Correspondents' Dinner gunman Cole Allen should remain detained ahead of a criminal trial, U”

CBS News

Judge Moxila Upadhyaya told prosecutors, “I don’t want this to turn into a circus,” according to SSBCrack, and she “expressed her concerns about the prosecutors’ tendency to seek media attention rather than focusing on the integrity of the court proceedings.”

CBS News

CBS News reported that Upadhyaya told the prosecutors, “I know that you want to present your case, I guess, to some audience other than the Court,” and she added, “I don’t want this to turn into a circus. I don’t want to have a whole big fight over discovery right now.”

In the same CBS News account, Upadhyaya directed lawyers to approach the bench and then ordered the Justice Department to “produce what it can” to Allen’s lawyers ahead of the hearing next month.

The next hearing is set for May 11, CBS News said, and Politico likewise described Thursday’s hearing as an unusual turn after prosecutors sought to continue with the detention proceedings even though Allen had conceded.

Prosecutors’ conduct and the timing of their evidentiary presentation became a focal point across outlets, with SSBCrack describing that Upadhyaya “halted the presentation” of new video evidence and photographs and that she “took both teams to the bench for a more private discussion regarding their strategies.”

The dispute came as the case moved forward without Allen entering a plea, with Politico stating Allen “did not ask to be released as he awaits trial” and The Hill reporting he “has not yet entered a plea.”

Prosecutors released a video Thursday showing the moment authorities say Cole Allen, described as armed with guns and knives, tried to storm the White House Correspondents’ Association dinner and attempt to kill President Donald Trump, according to PBS and the Associated Press reporting included in the PBS story.

PBS said Jeanine Pirro, the U.S. attorney for Washington, posted the video on social media amid questions over whose bullet struck a Secret Service officer as Allen ran through security with a long gun toward the hotel ballroom packed with journalists.

New York Post

The PBS account stated that prosecutors had previously claimed the agent was shot in the bullet-resistant vest during the melee, but had not confirmed it was Allen who shot the agent, while Pirro said Thursday that there is no evidence that the officer was hit by friendly fire.

PBS further reported that the video appears to show Allen run through a magnetometer and point his weapon at the agent, who fired back five times, according to authorities, and it added that it was not clear from the video at what moment Allen’s weapon fires.

The Hill likewise described the uncertainty around whether the suspect ever fired any of his weapons, noting that “they emphasized the lack of clarity surrounding whether the suspect ever fired any of his weapons.”

Politico said it “remains unclear whether Allen fired his weapon,” and it described Justice Department officials’ belief that he did, while also stating that “the analysis of that night’s gunshots is still underway.”

In the Guardian’s account, surveillance footage reviewed by the Washington Post showed a Secret Service officer drawing his weapon within two seconds of Allen’s arrival at the checkpoint, and the officer is then seen firing four times, including in the direction of other security personnel, while the Guardian reported that there is “no indication in the footage that Allen ever fired his weapon.”

Allen’s posture in court shifted from earlier filings seeking release to agreeing to remain detained while awaiting trial, and multiple outlets described how that concession changed the dynamics of the hearing.

“Michael Kunzelman, Associated PressMichael Kunzelman, Associated Press Alanna Durkin Richer, Associated PressAlanna Durkin Richer, Associated Press Leave your feedback WASHINGTON (AP) — Federal prosecutors released a video Thursday showing the moment authorities say a man armed with guns and knives tried to storm the White House Correspondents' Association dinner and attempt to kill President Donald Trump”

PBS

Politico reported that Cole Allen “will remain detained pending trial after he declined to contest the government’s effort to keep him locked up,” and it said he “did not ask to be released as he awaits trial.”

The Hill similarly stated that at a hearing Thursday, Allen’s public defenders informed the court that he “would not seek to challenge the government’s motion to keep him detained ahead of trial, though he reserved the right to revisit the issue in the future.”

New York Post described the moment defense counsel reversed course in court, saying, “At this time, we are conceding detention,” and it quoted defense attorney Tezira Abe asking Magistrate Judge Moxila Upadhyaya to have Allen removed from the “safe cell” where he’s been held since the shooting.

WUSA9 reported that “Defense requests Cole Allen be moved from 24-hour lockdown cell, as WHCD shooting suspect concedes to staying detained,” and it framed the request as coming after Allen conceded to remaining detained.

CBS News described the hearing as one in which Upadhyaya scolded prosecutors for pushing to move forward with detention proceedings even though Allen had conceded, and it quoted Upadhyaya saying, “The defendant is agreeing to be detained. He’s essentially conceding your motion.”

In the SSBCrack account, Upadhyaya halted the presentation of new video evidence and photographs because Allen had already agreed to remain in detention pending trial, and it described that her frustration led her to take both teams to the bench for a more private discussion regarding their strategies.

Prosecutors’ detention arguments and filings described a weeks-long plan, a hotel booking at the Washington Hilton, and a set of items and communications that they said showed intent.

Politico reported that prosecutors say Allen planned his attack weeks in advance, “booking a hotel room at the Washington Hilton, where the annual dinner takes place,” and timing his arrival to avoid a Secret Service lockdown of the building.

Pittsburgh Post-Gazette

Politico also said the government asserts Allen intended to assassinate Trump, and that the claim is based on an email Allen shared with family members minutes before he charged past a security line on Saturday while wielding a 12-gauge shotgun, a pistol and several knives.

The Guardian described prosecutors’ motion as including “two selfies” of the alleged shooter standing in front of a mirror in his hotel room, and it said prosecutors allege they are the same weapons that were confiscated from Allen after the attack.

In the Guardian’s account, prosecutors said Allen faces a possible sentence of life in prison and a mandatory minimum sentence of 10 years in prison, and it also stated that a Secret Service agent stopped Allen at about 8.40pm on Saturday night, according to court records.

The Guardian further reported that the filing includes a “postscript” letter apparently written from Allen’s hotel room in Washington, and it quoted the alias “Cole ‘coldForce’ ‘Friendly Federal Assassin’ Allen.”

SSBCrack described that at the hearing prosecutors intended to present new video evidence and photographs, including images of Allen’s alleged weapons and the crime scene at the hotel.

Defense filings and courtroom statements challenged prosecutors’ theory of intent and argued that the government’s case relied on speculation, while also disputing whether Allen ever fired his weapons.

“Skip to Main Content Alleged WHCD attacker agrees to remain detained Cole Allen did not ask to be released as he awaits trial”

Politico

The Hill reported that Allen’s public defenders called for his release ahead of trial, pointing to his “lack of criminal history” and describing his “frequent church attendance,” and it said the lawyers wrote that Allen chose to leave nearly half of his shotgun ammunition in the hotel room, as well as a third magazine.

SSBCrack

The Hill also said the lawyers emphasized that Allen’s “so-called manifesto makes no mention of Trump by name,” and it described that the lawyers noted “the lack of clarity surrounding whether the suspect ever fired any of his weapons.”

New York Post quoted defense arguments that “Mr. Allen has no criminal history — not even prior arrests, which alone would rebut the presumption of detention,” and it also quoted the defense’s critique that “The government’s rhetoric about a ‘mass shooting’ is also unsupported by its own proffered facts.”

New York Post further quoted the defense’s position that “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,” and it added that Allen’s writings “never mentioned Trump by name.”

CBS News reported that Upadhyaya ordered the Justice Department to “produce what it can” to Allen’s lawyers ahead of the hearing next month, and it said the judge raised the prospect of “significant issues and possibly some national security documents.”

Politico said Allen could challenge his pretrial detention later as he reviews more of the government’s evidence, and it described that the government wanted to create a record for the judge who would preside over the trial.