A federal judge turned down a request to dismiss criminal charges against Brian Cole Jr., accused of planting pipe bombs outside the Republican National Committee and Democratic National Committee on January 5, 2021. This occurred on the eve of the attack on the U.S. Capitol on January 6. U.S. District Judge Amir Ali found that former President Trump’s pardons for rioters were limited to those convicted for their actions on that day.
The defense for Cole argued his actions were linked to the January 6 events, thus warranting dismissal. Cole told the FBI he had gone to Washington, D.C. for an election-related protest, which his lawyers said aligned with the political tensions that fueled the January 6 crowd. Although the bombs were planted on January 5, they were found the next day.
Cole’s legal team claimed the pardon should apply to him, basing their argument on its wording. However, the Justice Department counterargued that the pardon did not cover Cole’s alleged actions. Judge Ali sided with the Justice Department, noting that the pardon was specifically for those already convicted of offenses tied to the January 6 events. Cole had not been convicted at the time the pardon was issued, and charges were brought against him months later.
Cole is facing charges for the interstate transportation of explosives and attempted use of explosives, over five years after the bombs were planted. Though they did not detonate, the FBI stated they were operational. In April, additional charges, including terrorism and weapons of mass destruction, were filed against him. Cole has pleaded not guilty.
President Trump’s pardons, issued upon his return to office, applied to about 1,500 individuals connected to the events of January 6, with offenses ranging from trespassing to assaulting police officers.