A federal judge has denied a request to dismiss criminal charges against Brian Cole Jr., accused of planting pipe bombs outside political committee offices prior to the January 6, 2021, Capitol riot. U.S. District Judge Amir Ali ruled that former President Trump’s pardons for the rioters do not apply to Cole’s case.
Brian Cole Jr.’s lawyers argued for dismissal, claiming his actions were connected to the January 6 events and should be covered by the pardons. However, Judge Ali found that the pardons were limited only to those convicted in relation to the Capitol attack.
Cole’s defense referenced prosecutors’ filings suggesting he was in Washington, D.C., for a 2020 election-related protest. They emphasized that although the bombs were placed on January 5, they were discovered during the events of 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 stated.
Nonetheless, the Justice Department insisted the pardon does not cover Cole’s alleged actions, an argument supported by Judge Ali. He explained that the pardon explicitly applies only to those convicted of offenses related to January 6, and Cole had not been convicted by then.
Cole was charged with interstate transportation and attempt to use explosives, with terrorism and weapons-of-mass-destruction charges added later. Despite the bombs being viable, they did not detonate.
The pardons issued by Mr. Trump last year covered around 1,500 individuals involved in the January 6 riot, ranging from trespassing to assaulting officers. Cole, who pleaded not guilty, remains outside the scope of these pardons.
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