The magistrate judge who apologized to suspected would-be Trump assassin Cole Allen for his treatment inside a Washington, D.C., jail during a Monday emergency motion hearing has been criticized for his standoffishness with the Trump administration over the city's crime crackdown, and praised for his career-long commitment to DEI.
"To me, it’s extremely disturbing that he was put in five-point restraints, a person with no criminal history," Magistrate Judge Zia Faruqui, who devoted much of his career to diversity, equity and inclusion efforts, said during the hearing, adding that Allen is presumed innocent.
He then compared Allen, who is accused of trying to kill President Donald Trump, with suspected Capitol rioters from Jan. 6, 2021.
"It’s troubling. I never heard of one Jan. 6 defendant who was put in five-point restraints or in a safe cell," he said. "If the only way to keep him safe is the most punitive thing, that’s a problem."
"Pardons may erase convictions, but they don’t erase history," he said. "They were hanging gallows outside."
"What am I to say to Allen that this is going to be a fair process if we’re putting him in a safe cell when he’s not supposed to be in there?" Faruqui asked. "At a minimum, I should be apologizing to him. We are obligated to make sure he’s taken care of. Mr. Allen, I’m sorry that things have not been the way they are supposed to."
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Allen's defense on Sunday filed a motion for an emergency hearing on his jail treatment, which was scheduled for Monday. Later on Sunday, they withdrew the motion when they learned that Allen was no longer in the jail's suicide protocol, which dictated his placement in the safe cell.
Despite the withdrawal, Faruqui hauled the defense, prosecution and a Department of Corrections (DOC) attorney into court for the emergency hearing where he decried Allen's treatment.
Faruqui has been involved in multiple spats with the Trump administration and has a long history of spewing left-wing talking points from the bench and beyond. Here's what we know:
The Washington Council of Lawyers wrote a letter in support of Faruqui for a potential 2023 appointment to the United States District Court for the District of Columbia.
"Judge Faruqui’s record demonstrates a deep commitment to pro bono representation, public interest law, fairness, and diversity—as well as keen analytical skills and sound judicial decision-making," the federal law enforcement to D.C. to assist local authorities in combatting crime. That move was met with opposition from federal grand juries, some of whom declined to prosecute cases brought before them.
The DOJ then brought the same cases in front of local grand juries. Faruqui refused to accept the local indictments in at least seven cases, and trashed the Trump administration in the process, Pirro slammed Faruqui again, after he said her office has no credibility.
"It’s not fair to say they’re losing credibility. We’re past that now," Faruqui said, later adding, "There’s no credibility left."
"Judge Faruqui has never really met someone with an illegal gun that he hasn't found some compassion for," Pirro said in a response to a reporter who asked about Faruqui's assertion that her office has lost all credibility.
"I'm not into going back and forth with judges," she federal courts they focus on conditioned releases.
"So, removing internet access is something that we do. Having a third-party custodian there 24/7, you know, using Ring cameras to see who's coming into the house, you know, removing bedroom doors so someone doesn't have any privacy in the house. Finding ways to incarcerate people at home and home incarceration instead of having direct financial burdens and other ways to make sure they are still keeping the community safe but allowing them to be outside of incarceration while presumed innocent."
Faruqui also supports community justice.
He explained that often, he'll bring family members and neighbors of a suspect to ask how they'll support the suspect if the suspect is released on bail.
"It's not as simple as a sort of mathematical equation, two plus two is four," he said. "We're not getting that. We're getting art, right, and we're trying to see that and everyone views art differently, and I bring my life experiences to bear when I am trying to make predictive decisions," he said.
"I've been constantly amazed by the sacrifices people are willing to make for not just their immediate family, but for friends and neighbors as well," he said.
Faruqui was appointed to be a federal magistrate judge on Sept. 14, 2020, after 12 years as a federal prosecutor in St. Louis and D.C. Before that, he was a litigation associate at a private law firm. He graduated from Georgetown University Law.
Typically, magistrate judges do not try felony cases, but will handle pre-trial matters brought before the court.
Faruqui's office did not return a request for comment.