Cole Tomas Allen was handcuffed and shackled and wearing an orange jail uniform when he appeared in federal court for his arraignment. Allen didn’t speak during the brief hearing. One of his attorneys entered the plea on his behalf.
Allen’s lawyers are asking U.S. District Judge Trevor McFadden to disqualify at least two top Justice Department officials from direct involvement in prosecuting him because they could be considered victims or witnesses in the case, creating a potential conflict of interest.
Acting Attorney-General Todd Blanche and U.S. Attorney Jeanine Pirro were attending the event when Allen ran through a security checkpoint and fired a shotgun at a Secret Service officer, authorities said. In a court filing last week, Allen’s attorneys argued that it creates at least the appearance of a conflict of interest for Blanche and Pirro to be making any prosecutorial decisions in the case.
McFadden, a Trump nominee, didn’t rule from the bench on that question but asked Allen’s attorneys to elaborate on the possible scope of their recusal request. Defense attorney Eugene Ohm said the defense likely would seek to disqualify Pirro’s entire office from involvement in the case. Ohm acknowledged that a bid to disqualify the entire Justice Department would be unlikely.
“That would be quite a request,” the judge said.
McFadden gave prosecutors until May 22 to respond in writing to the defense's request. The judge asked the government to specify whether it believes Pirro and Blanche could be considered victims in the case.
“That might add some clarity here,” McFadden said.
In their filing, Allen's attorneys suggested that the appointment of a special prosecutor might be warranted.
Allen is scheduled to return to court on June 29.
