Judge asks why jail placed suspect in White House correspondents' dinner attack on suicide watch

But the relaxed conditions didn't satisfy U.S. Magistrate Judge Zia Faruqui's concerns that Allen may have received disparate, punitive treatment in violation of his due process rights. Faruqui noted that the D.C. jail routinely houses convicted killers and others charged with violent crimes without placing them on 24-hour lockdown.

“It could drive a person crazy to be in that situation,” he said.

Faruqui apologized to Allen over his confinement conditions. In response to a news report on that apology, U.S. Attorney Jeanine Pirro criticized him in a social media post that said Faruqui “believes a defendant armed to the teeth and attempting to assassinate the president is entitled to preferential treatment in his confinement compared to every other defendant.”

Allen’s lawyers said he wasn’t showing any suicidal risk factors after his arrest. But a jail psychiatrist evaluated him and initially concluded that he posed a suicide risk, according to Tony Towns, acting general counsel for the city's corrections department.

“Every case is different, your honor,” Towns said.

Allen was moved into protective custody after the jail lifted the suicide prevention measures. His attorneys didn't object to his new confinement status. They had asked the magistrate to cancel Monday's hearing, but Faruqui forged ahead with it due to his "grave concerns" about Allen's treatment in jail.

Allen was injured but was not shot during the April 25 attack at the Washington Hilton, which disrupted one of the highest-profile annual events in the nation’s capital.

Allen was armed with guns and knives when he ran through a security checkpoint and pointed his weapon at a Secret Service agent, who fired back five times, authorities said. Pirro has said that Allen fired a shot that struck the agent’s bullet-resistant vest.

Allen later told FBI agents that he didn't expect to survive the attack, which could help explain why he was deemed to be a possible suicide risk, said Justice Department prosecutor Jocelyn Ballantine.

Allen, 31, of Torrance, California, is charged with attempted assassination of the president and two additional firearms counts. He faces up to life in prison if convicted of the assassination count alone.

Defense attorney Eugene Ohm said Allen was prohibited from having anything in his cell. He asked for a Bible and a visit from a chaplain but hasn't received either, according to Ohm.