Judge Rejects Motion to Dismiss Charges Against Pipe Bomb Suspect

A federal judge has denied a motion to dismiss criminal charges against Brian Cole Jr., who is accused of planting pipe bombs outside the Republican and Democratic National Committees on January 5, 2021. This occurred on the eve of the January 6 attack on the U.S. Capitol.

U.S. District Judge Amir Ali ruled that President Trump’s pardons, which were issued to January 6 rioters, did not apply to Cole’s case. Cole’s attorneys claimed his actions were closely linked to the events of that day and sought dismissal based on that connection.

In their argument, Cole’s legal team referenced statements from prosecutors that Cole had traveled to Washington, D.C., for a protest related to the 2020 election. They argued that this made him part of the same political controversy driving the January 6 crowd. They also noted that while the bombs were allegedly planted on January 5, they were discovered on January 6.

The Pardon—like it or not—applies to Mr. Cole, based on the ordinary and plain meaning of the Pardon’s language as applied to the relevant facts in this case,” Cole’s lawyers wrote.

However, the Justice Department contended that the pardon did not cover Cole’s actions, and Judge Ali agreed. His opinion emphasized that the pardon only applied to individuals convicted of offenses related to January 6, which was not the case for Cole at the time the pardon was issued. Cole had not been charged until months later.

Cole faces charges of interstate transportation of explosives and a malicious attempt to use explosives, stemming from events nearly five years prior. Even though the bombs did not detonate, the FBI considers them viable. Recently, federal prosecutors also added charges of terrorism and weapons of mass destruction against Cole. He has pleaded not guilty to all charges.

The pardons granted by President Trump upon his return to the White House covered approximately 1,500 rioters accused or convicted of offenses ranging from trespassing to assaulting police officers.