Zia Faruqui, a US magistrate judge, claimed Cole Allen had been treated worse than the rioters who stormed the Capitol on January 6th 2021, despite being accused of similar conduct.

“Whatever you’ve been through, I apologise,” Judge Faruqui told Allen on Monday at a court appearance in the US capital.

His comments provoked anger from the Trump administration, with a close ally of the US President saying the judge was seeking “preferential treatment” for the alleged gunman.

Allen, who was arrested after storming a security checkpoint at the White House Correspondents’ Dinner on April 25th, has been kept on suicide watch despite repeatedly displaying no suicidal tendencies in evaluations, his defence team claims.

The 31 year-old – accused of a premeditated attack on Trump and others – is being kept in a padded cell in a Washington jail which is constantly lit, and must wear a vest “akin to a straitjacket”, according to court documents. He cannot leave except for legal or medical visits, and when he does so must be strip-searched on entry and exit.

Allen also cannot bring legal papers into the room, which his lawyers say impedes his ability to assist his own defence.

“Continued housing under suicide precautions is unnecessary and violates Allen’s due process rights by depriving him of dignity and access to resources inside the jail,” his lawyers argued.

The alleged would-be assassin’s living conditions “amount to punishment”, they said, but stopped short of claiming authorities had an “expressed intent to punish Mr Allen”.

Judge Faruqui said he had “grave concerns” about Allen’s jailing and said he had an obligation to ensure he was “treated with the basic decency of a human being”.

He noted the seriousness of the charges against Allen, who was said to have been armed with a shotgun, handgun and knives, but said pre-trial detention was not meant to be punitive.

Prosecutors say Allen opened fire in a hotel lobby outside the White House Correspondents’ Dinner, and had a target list of top Trump administration officials prioritised according to seniority.

Judge Faruqui argued that the individuals who stormed the US Capitol on January 6th 2021 to prevent the certification of Joe Biden’s election victory had been treated better than Allen, despite being accused of similar crimes.