Judge Rejects Motion to Dismiss Charges in Pipe Bomb Case

A federal judge has denied the motion to dismiss criminal charges against a man accused of placing pipe bombs outside the Republican National Committee and Democratic National Committee buildings before the January 6, 2021, U.S. Capitol attack. The judge found that President Trump’s pardons for the rioters were specifically limited to individuals who were convicted for their actions that day.

U.S. District Judge Amir Ali refused to dismiss charges against Brian Cole Jr. Cole’s legal team argued that his actions were closely connected to the events of January 6, and therefore deserved to be dismissed based on President Trump’s pardons. Prosecutors highlighted statements from Cole, who reportedly told the FBI he attended a 2020 election-related protest to support similar political sentiments as those present during the Capitol riot. Although the bombs were allegedly planted on January 5, they were found the next day.

Cole’s lawyers maintained that the pardon should include him based on its common interpretation concerning the facts of the case. However, Justice Department filings opposed this view, contending that the pardon did not encompass Cole’s alleged actions, which Judge Ali agreed with in his three-page opinion. Ali clarified that the pardon was reserved for individuals ‘convicted of offenses’ associated with the Capitol events, which was not applicable to Cole at the time since charges were only brought against him later.

Last year, Cole faced charges related to interstate transportation of explosives and attempting malicious use of explosives. Five years after the pipe bombs were planted, federal prosecutors levied terrorism and weapons-of-mass-destruction charges against him. Cole has pleaded not guilty to these accusations. The pipe bombs did not explode, but the FBI assessed them as viable. Finished in Trump’s initial hours resuming the presidency last year, the January 6 pardons extended clemency to roughly 1,500 individuals accused or convicted of offenses, including trespassing and assault on police.