A federal judge in the US has refused a plea to dismiss criminal charges against Brian Cole Jr, the man accused of planting pipe bombs outside the Republican National Committee and Democratic National Committee on the eve of the 6 January 2021 attack on the US Capitol.
District Judge Amir Ali said that US President ‘s pardons for Capitol rioters were “expressly limited” to individuals convicted of offences committed during the attack that day, CBS News reported Monday (local time).
What did Brian Cole’s lawyers say?
His lawyers cited prosecutors’ court filings, which said he had told the Federal Bureau of Investigation () that he travelled to Washington, DC, to attend a protest related to the 2020 election. They argued that this showed he was part of “the same political controversy that animated the January 6 crowd.” The defence also said that although the pipe bombs were allegedly planted on 5 January, they were not discovered until the following afternoon.
His lawyers wrote, “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.”
What did federal judge say?
Judge Amir Ali denied the motion put forth by Cole’s lawyers, who argued that his actions were “inextricably and demonstrably tethered” to the events of the 6 January attack on the and that the charges should be dismissed.
In a three-page opinion, Ali wrote, “Even assuming that the conduct Cole is charged with is ‘related to events that occurred at or near the United States Capitol on January 6, 2021,’ the pardon is expressly limited to people who had been ‘convicted of offenses’ related to those events.” He added, “Cole had not been convicted of the conduct at issue when the President issued the pardon; indeed, he was not charged until many months after the President’s proclamation.”
What is case against Brian Cole?
In 2025, was charged with interstate transportation of explosives and malicious attempt to use explosives, nearly five years after the pipe bombs were allegedly planted. Although the devices did not explode, the FBI said they were capable of detonating. Earlier in April this year, federal prosecutors filed additional charges against him, including and use of a weapon of mass destruction.
Cole was arrested in Virginia in December 2025, a day before his initial hearing in the District of Columbia District Court, and is facing two charges in connection with a pair of explosive devices that were left outside the parties’ headquarters on the eve of the 6 January assault on the US Capitol.
Citing an affidavit, CBS News reported in December that cellphone records placed Cole’s phone near the Democratic National Committee (DNC) and Republican National Committee (RNC) headquarters on 5 January, when surveillance cameras captured a person allegedly planting the pipe bombs. The document also states that Cole’s car was detected by a license plate reader less than half a mile from the location where the individual was seen. Investigators said they have records showing that Cole purchased components allegedly used to assemble the explosive devices.
He has pleaded not guilty to the allegations levelled against him.
