Should Jeanine Pirro Recuse from Cole Allen Case? Legal Analysts Weigh In

Lawyers representing Cole Thomas Allen, the suspect accused of opening fire at the White House Correspondents’ Association dinner last month, asked for a judge to disqualify U.S. Attorney Jeanine Pirro from prosecuting the case-but legal experts are split about whether the defense has a strong case.

Allen's legal team argued in a May 7 filing that Pirro and acting Attorney General Todd Blanche should recuse themselves from the case because they are witnesses and potential victims of the attempted shooting. They raised concerns about whether Pirro leading the case would establish an appearance of a conflict of interest in what is likely to be a closely watched political case involving the alleged attempted assassination of President Donald Trump.

Why Did the Defense Ask For the Case to be Dismissed?

During Allen's arraignment on Monday, U.S. District Judge Trevor McFadden asked the defense to elaborate on the scope of the disqualification request.

Defense attorney Eugene Ohm said the team would likely seek the disqualification of Pirro's entire office, but that an effort to disqualify the DOJ would be unlikely.

McFadden gave prosecutors until May 22 to respond in writing to the request and to specify whether the government believes Pirro and Blanche could be considered victims in the case.

The filing describes Pirro and Blanche as potential witnesses and victims, arguing that this would necessitate their disqualification, pointing to specific comments made by Pirro.

"U.S. Attorney Pirro has made several media appearances since April 25, 2026 and has referenced her status as a potential victim. Within about thirty minutes after the events unfolded, she was on social media describing the incident. She posted a video stating, ‘I've been taken out of the ballroom after the sounds of shots fired,'" the filing reads.

Pirro's relationship with Trump "is a separate but necessary basis for disqualification," the filing claims, noting that Pirro has been friends with Trump "for decades."

Even if the court concludes there is no actual conflict of interest, there is an "appearance of such a conflict," Allen's lawyers wrote, warning that Americans will wonder "how can the American justice system permit a victim to prosecute a criminal defendant in a case involving them?"

Jeanine Pirro Declines to Recuse Herself

Pirro wrote in a statement to Newsweek that her office will "evaluate the motion and respond in court."

"We will not tolerate people who come to the District of Columbia to engage in antidemocratic acts of political violence; and we will prosecute all such acts to the fullest extent of the law," she said.

When asked earlier in May whether she plans to recuse herself, Pirro said, "Absolutely not."

"There is no way. That would be like telling witnesses you can't testify at the trial because you were there. The truth is that there were 2,500 of us who were there, and my ability to prosecute this case has nothing to do with my being there," she said.

Legal analyst Elie Honig told CNN they are witnesses and "probably intended victims."

"There are dozens, hundreds of other prosecutors in DOJ more than capable of trying this case and of supervising this case. And on the flip side, you take away an appeals issue. If they stay on this case, Pirro and Blanche, they are handing this individual where the proof of his guilt seems to be overwhelming, an issue to raise on appeal," he said.

He warned that "there are federal courts of appeals in this country that have thrown out guilty verdicts because prosecutors refuse to recuse when they should have recused."

What Happened at White House Correspondents’ Dinner?

He is accused of opening fire during the WHCD in April. He was quickly subdued by law enforcement before reaching the Washington Hilton ballroom, where Trump, Vice President JD Vance and other high-ranking government officials attended. A Secret Service officer was struck in the chest, but the bullet was stopped by a protective vest.

Trump was rushed off the stage when the shots were fired.

No one else was injured in the shooting.

Allen is alleged to have had a shotgun, six knives, a pistol and rounds of ammunition and shotgun cartridges.

In the days that followed, Allen was placed on suicide watch, but his attorneys argued he had been unnecessarily confined in a padded room with constant lighting, repeatedly strip-searched and placed in restraints outside his cell.

In a message that authorities said Allen sent to family members minutes before attempting to breach the dinner, Allen thanked his church family and invoked Christian theological traditions to justify the violence that was about to occur.

Legal Analysts Weigh In

Former federal prosecutor Gene Rossi told Newsweek he believes Pirro should recuse herself from the case.

"Even if you don't have an actual conflict, if you have an appearance of a conflict, you should recuse yourself," he said. "Jeanine Pirro, in a light most favorable to her, is both a witness and a victim to this alleged crime. There could be an actual conflict, but there surely is an appearance problem."

Recusal is her "wisest course," he said. “That would take away a potential argument from the defense if they need to file an appeal in the case.

"The US attorney is creating an issue that she could easily get rid of if she errs on the side of caution and acts purer than Caesar's wife. It's as simple as that," he said.

Still, he said the evidence in the case seems strong and that her remaining on the case is unlikely to deny Allen a fair trial, even if it does "tarnish the glow of the DOJ." She may feel there is no actual conflict, he said.

However, Neama Rahmani, also a former federal prosecutor, told Newsweek there is "little to no chance" that Pirro will be disqualified.

"She is not a material, necessary witness. Allen didn't even breach the perimeter, so I'm not even sure that she even witnessed anything, and she hasn't been named as a victim in the indictment," he said. "There's really no legal basis."

Nothing Pirro has said about the case has seemed unfair or prejudiced the defendant, Rahmani said, casting the motion as "part of the strategy of litigation."

It's possible that Allen's defense lawyers could use this in a potential appeal, but it's unlikely to become an issue, Rahmani said.

"If you're a good defense lawyer, you raise these motions to create potential appellate issues. That's what all good defense lawyers do. If you're the prosecution, you're not just thinking about a trial verdict, but you're thinking of a verdict that's going to withstand appeal," he said.

Cole Allen Enters Not Guilty Plea

Allen appeared for his arraignment on Monday, pleading not guilty to all charges, including attempted assassination, assaulting a federal officer with a deadly weapon, and two firearm counts. He faces a maximum of life in prison for the attempted assassination charge.

He did not speak during the hearing.

Who Is Cole Allen?

Allen is a 31-year-old teacher from California who graduated from the California Institute of Technology in 2017, according to his LinkedIn profile. He was employed by the tutoring company C2 Education as recently as December 2024, when he was honored as “Teacher of the Month” for his work at its Torrance location.

Allen also got a master's degree in computer science at Cal State Dominguez Hills in 2025, according to the profile, which shows him sitting in his cap and gown with the caption: "Pretty sure my Master's in CS is done."

In a manifesto, Allen refers to himself as a "Friendly Federal Assassin."

Toward the end of the manifesto, Allen wrote: “Oh and if anyone is curious is how doing something like feels: it's awful. I want to throw up; I want to cry for all the things I wanted to do and never will, for all the people whose trust this betrays; I experience rage thinking about everything this administration has done.”

This article includes reporting by the Associated Press.

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This story was originally published May 11, 2026 at 11:12 AM.