AP
Washington
Cole Tomas Allen waived his right to challenge his detention in jail for now on charges of trying to assassinate President Donald Trump at the White House Correspondents’ Association dinner.
Allen’s waiver was a reversal of the defense team’s intention to challenge his detention, which was stated in a court filing on Wednesday night.
Cole Tomas Allen on Thursday told a judge he was waiving his right to challenge his detention in jail — for now — on charges of trying to assassinate President Donald Trump at the White House Correspondents’ Association dinner last Saturday night.
Allen’s waiver came a day after his defense team, in a court filing, sought his release on bond pending trial, and after prosecutors in their own filing laid out arguments for why he should remain in jail.
“He’s conceding detention at this time,” Allen’s lawyer, Tezira Abe, told Magistrate Judge Moxila Upadhyaya, during a hearing in US District Court in Washington on Thursday.
Abe said Allen was reserving his right to challenge his detention at a future date.
Abe told Upadhyaya that she and Allen’s other lawyer had difficulty meeting with the defendant over the past several days, but spoke to him on Thursday morning before the hearing.
Allen, a 31-year-old California resident, is charged with trying to assassinate Trump, transportation of a firearm or ammunition in interstate commerce and discharge of a firearm during a crime of violence.
Upadhyaya on Thursday addressed Allen, asking him to confirm that his lawyers had informed him of “the consequences of conceding to detention at this time.”
“Yes, your honour,” Allen answered in a hushed tone.
Assistant US Attorney Charles Jones then asked Upadhyaya for permission to present evidence in support of the motion for detention because Allen might revisit that issue in the future.
“What audience is your supplemental information for?” Upadhyaya asked. “I have noted that he concedes to detention … what is the purpose of the government putting additional information on the record?”
Jones replied that he wanted to offer the evidence on Thursday because it was efficient.
“That is a completely inefficient way of proceeding,” the judge shot back, noting that if Allen challenged his detention in the future, prosecutors would have to present evidence to a federal district court judge to rebut it.
“You would be doing your exact same presentation all over again,” Upadhyaya said, who appeared irritated by the prosecutor’s request.
“I’m denying the government’s request. It’s truly unprecedented,” the judge said.
