Lawyers for press dinner gunman seek to disqualify Pirro and Blanche from case citing their presence at event

By Kaanita Iyer, CNN

(CNN) — The legal team of the man accused of opening fire at the White House Correspondents’ Dinner last month has asked the court to disqualify top Department of Justice officials from being involved in his case, arguing there is a conflict of interest because they were present during the incident.

Lawyers for Cole Tomas Allen pointed specifically to US Attorney for the District of Columbia Jeanine Pirro and Acting Attorney General Todd Blanche’s attendance at the dinner, saying there is an “appearance of partiality.”

“To guard against the unavoidable potential for individual and institutional abuse, prosecutors must endeavor to be ‘disinterested’ in the outcomes of the cases they oversee,” the filing says, adding, “A DOJ employee must recuse where he or she is a participant in the events alleged in the indictment, particularly where they are an alleged victim of said events.”

Allen’s attorneys point out that Pirro and Blanche appear to be both witnesses to the shooting and possible targets, or victims, of Allen. And the US Attorney and acting Attorney General now may approve significant developments in the case against Allen, like the charges he ultimately faces, any plea deals he may be offered, and potentially sentences the Justice Department could request if Allen is convicted, Allen’s request to the judge said.

The motion also features a quote from FBI Director Kash Patel at a news conference alongside Blanche and Pirro two days after the shooting, in which he says, “This one hits a little differently. We were all there.”

On April 26, Allen allegedly rushed through a security checkpoint armed with a shotgun while the president and top administration officials were attending the dinner on a different floor.. He faces several charges, including attempting to assassinate Trump.

Since then, Pirro and Blanche have made public comments about the case, which Allen’s lawyers point to in arguing for their disqualification.

At Allen’s initial appearance in federal court last week, when he first formally heard his charges, Pirro sat in the first row of seats in the courtroom in a section reserved for security and attorneys involved in the case.

Earlier this week, when asked by CNN’s Jake Tapper if it has been suggested to her that she should recuse herself from the case, given that she was a witness and potential target, Pirro said, “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.”

Also citing officials’ assessment that President Donald Trump was the suspected target, the motion goes on to say: “Given U.S. Attorney Pirro’s friendship with the President and her and Acting A.G. Blanche’s attendance at the event at the center of this prosecution, the law necessitates their disqualification.”

“We will evaluate the motion and respond in court,” Pirro said in a statement provided to CNN on Friday morning. “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.”

Prosecutors in the case will have the ability to respond in court to the recusal request, before a judge decides if it’s necessary.

Cole is scheduled to be arraigned on Monday.

This story was updated with additional information.

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CNN’s Holmes Lybrand and Katelyn Polantz contributed to this report.