A man accused of planting pipe bombs outside the Republican and Democratic National Committee headquarters on the eve of the Jan. 6, 2021, attack is asking a judge to dismiss the charges against him, arguing he is covered by President Trump’s sweeping pardons of alleged Jan. 6 rioters.
A motion filed Monday by attorneys for Brian Cole Jr. marks the latest twist in a case that went unsolved for years — and could test how broadly those pardons apply.
Cole, who has pleaded not guilty, was charged late last year with interstate transportation of explosives and attempted use of explosives. Although the devices did not detonate, the FBI has said they were viable. (RELATED: Justice Dept. Confirms DC Pipe Bomb Suspect Gave ‘Detailed Confession’)
His attorneys argue that the charges are “inextricably and demonstrably tethered” to the events of Jan. 6. They cite prosecutors’ filings stating that Cole told the FBI he traveled to Washington, D.C., for a protest related to the 2020 election, suggesting he was part of “the same political controversy that animated the January 6 crowd.” (RELATED: FBI Pipe Bomber Breakthrough Exposes Biden Era Failures After 4 Years)
While the bombs were allegedly planted on Jan. 5, they were discovered the following afternoon, as chaos unfolded at the Capitol.
“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,” his lawyers wrote.
President Trump’s pardon order, issued shortly after returning to office last year, granted relief to roughly 1,500 Jan. 6 defendants, ranging from those accused of trespassing to those convicted of assaulting police. The order wiped away most convictions and directed the Justice Department to seek dismissal of pending charges.
Whether the order applies to Cole remains unclear. It covers “offenses related to events that occurred at or near the United States Capitol on January 6, 2021,” while Cole is accused of planting the bombs the day before.
His attorneys contend that the phrase “related to” should extend beyond Jan. 6 itself to include conduct linked to the events of that day.
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