Accused Pipe Bomber Argues Trump's Jan. 6 Pardon Should Apply

Brian Cole Jr., accused of planting two pipe bombs near the Republican and Democratic national committees' headquarters in Washington, DC on January 5, 2021, has asked a federal judge to dismiss his case. His lawyers argue that President Donald Trump's sweeping pardon for those involved in the January 6 Capitol riot should apply to him.

In court filings, Cole's attorneys contend that his alleged conduct is “inextricably and demonstrably tethered” to the events at the Capitol on January 6. They argue that Trump’s pardon, issued on his first day back in office last year, extends to Cole because his actions are linked to the broader context of the riot.

Prosecutors allege that Cole placed bombs near the political offices and that their discovery diverted law enforcement resources from the violence at the Capitol. The FBI arrested Cole in December 2023 at his home, where he lived with his parents. He pleaded not guilty to federal charges of transporting and attempting to use explosives.

The defense argues that Cole's devices could never have exploded and maintains his innocence. During interviews with the FBI, Cole expressed beliefs that the 2020 election was stolen. Investigators linked his phone data to cell towers around Washington DC’s Capitol Hill neighborhood, matching security footage timestamps from the evening he planted the devices.

Cole's attorneys argue that prosecutors’ theory of a possible motive places Cole’s alleged conduct “in the same political controversy that animated the January 6 crowd.” They also claim that prosecutors have explicitly linked Cole’s actions to the events of January 6, suggesting his timing was chosen because of what was scheduled to occur at the Capitol. Prosecutors previously stated in court filings that Cole confessed to investigators after his arrest, expressing feelings of bewilderment and frustration over election conspiracy theories.

Cole has remained jailed since his arrest. His attorneys have appealed Judge Amir Ali’s refusal to order Cole’s pretrial release from custody. The judge hasn’t set a trial date yet. Authorities identified Cole as a suspect using phone records and other evidence after more than four years of investigation. Cole, 30, is diagnosed with autism and obsessive-compulsive disorder and has no criminal record.

According to CBS News, the Jan. 6 pardons issued by Trump granted relief to around 1,500 riot defendants who were accused of everything from trespassing to assaulting police. The president wiped away criminal convictions for all but 14 of those who were convicted of Jan. 6-related offenses and directed the Justice Department to seek to dismiss charges against those who had not yet been convicted.

Cole's lawyers argue that the phrase “related to” in Trump’s pardon order could apply to offenses that did not take place on January 6, 2021, as long as they were linked to the events of that day. Mitchell Epner, a former federal prosecutor, told CBS News that it is possible Cole's alleged conduct was covered by Mr. Trump's sweeping pardons.

In related news, former FBI Director James Comey has been subpoenaed by federal prosecutors in Miami as part of the Justice Department's investigation into Obama-era intelligence officials who previously probed and prosecuted President Donald Trump, according to CBS News and Axios. The investigation has produced more than 130 subpoenas since it began last year and targets top officials who worked under former presidents Barack Obama and Joe Biden.

Reuters reported that federal prosecutors were preparing grand jury subpoenas to investigate Obama-era intelligence officials who produced an assessment that Russia interfered in the 2016 presidential election that Trump won. Comey oversaw an investigation into whether Russia and Trump's 2016 campaign colluded with Russia. Special Counsel Robert Mueller ultimately concluded there was no evidence of a criminal conspiracy between Trump's campaign and Russia.

Fox News reported that the Justice Department has subpoenaed former FBI Director James Comey over his role in the 2017 Intelligence Community Assessment (ICA) on Russian election interference. The subpoena marks a new escalation after Fox News Digital previously reported that Comey and former CIA Director John Brennan were under criminal investigation related to the probe. Sources at the time said the investigations were examining potential wrongdoing tied to the creation of the 2017 assessment and possible false statements to Congress.

The 2017 ICA concluded that Russia sought to influence the 2016 election, but a later review found the process was rushed and included 'procedural anomalies.' The FBI launched criminal investigations into John Brennan and James Comey. Fox News Digital reported that the Obama administration 'manufactured and politicized intelligence' to create the narrative that Russia was attempting to influence the 2016 presidential election despite information from the intelligence community stating otherwise.