Allen’s attorneys noted the omission.
In a filing arguing for his release, defence lawyers wrote: “Moreover, the government, after essentially asserting that Mr Allen shot a Secret Service Officer in the criminal complaint, has apparently retreated from the theory by not mentioning the alleged officer at all in its memorandum.”
Lawyers for Allen did not immediately return the BBC’s request for comment.
On Thursday, Jeanine Pirro, a former Fox News host and now the US Attorney for the District of Columbia, posted new security footage of the incident on X.
The video shows a gunman, identified by authorities as Allen, running through a security checkpoint at the hotel.
At one point he appears to raise a shotgun, though it is unclear if he fires.
The clip also shows a Secret Service officer raising his gun – several muzzle flashes can be seen from his firearm.
“There is no evidence the shooting was the result of friendly fire,” Pirro wrote. But she did not allege the video showed Allen firing his gun.
That same day, Secret Service Director Sean Curran told Fox News: “All the evidence that I’ve seen, the suspect shot our officer point-blank range with a shotgun.”
Reviews of ballistics and other evidence can take weeks, if not months, and authorities will probably release more information as the case continues.
Ultimately, whether the defendant shot the officer or not may not matter too much to prosecutors if they can secure a conviction.
“They have enough charges here to put Allen away for a very long time”, if a jury finds him guilty, Lesko said.