A federal judge has ruled that the man accused of planting pipe bombs outside the headquarters of the Republican National Committee and Democratic National Committee is not covered by former President Donald Trump’s Jan. 6 pardons, allowing the criminal case against him to move forward.
U.S. District Judge Amir Ali rejected a motion to dismiss the charges against Brian Cole Jr., finding that Trump’s pardons were narrowly written and apply only to individuals who had already been convicted for actions connected to the Jan. 6, 2021, attack on the U.S. Capitol.
Ruling
In a three-page opinion issued Monday, Judge Ali concluded that the language of the pardon does not extend to Cole’s alleged conduct.
“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,” Ali wrote.
The judge emphasized that Cole had not been convicted or even charged at the time Trump issued the pardons. Cole was not formally charged until several months after the proclamation.
Defense Argument
Cole’s attorneys argued that his alleged actions were closely connected to the broader events surrounding Jan. 6 and therefore should fall under the scope of the pardon.
In court filings, they cited statements from prosecutors indicating that Cole told the FBI he traveled to Washington, D.C., to attend a protest related to the 2020 presidential election. The defense said this placed him within the same political context as the Jan. 6 rioters.
They also noted that while the pipe bombs were allegedly planted on Jan. 5, 2021, they were discovered the following afternoon, on Jan. 6.
“The pardon 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,” his lawyers argued.
Government Response
The Justice Department opposed the motion, arguing that the pardon explicitly excludes individuals like Cole. Prosecutors said the clemency order applied only to people who had already been convicted of offenses connected to Jan. 6.
Judge Ali agreed with that interpretation, stating that the timing of both the alleged conduct and the charging decision placed Cole outside the scope of the pardon.
Charges
Cole was charged last year, nearly five years after the pipe bombs were planted, with interstate transportation of explosives and malicious attempt to use explosives. Although the devices did not detonate, the FBI has said they were functional and capable of causing harm.
In April, federal prosecutors added additional charges, including terrorism-related offenses and possession of a weapon of mass destruction. Cole has pleaded not guilty to all charges.
Background
Trump’s Jan. 6 pardons were issued during the first hours of his return to the White House last year. The clemency order granted relief to roughly 1,500 individuals accused or convicted of crimes tied to the Capitol attack, ranging from trespassing to assaulting law enforcement officers.
Judge Ali’s ruling clarifies that the pardons do not extend beyond that defined group, particularly to defendants whose cases were not resolved or even initiated at the time the pardons were issued.
FAQs
Who is Brian Cole Jr.?
He is accused of planting pipe bombs near party offices in D.C.
Why did the judge deny the motion?
The pardon applied only to people already convicted.
When were the pipe bombs planted?
They were allegedly planted on Jan. 5, 2021.
Did the bombs explode?
No, but the FBI said the devices were viable.
Who is handling the prosecution?
The U.S. Department of Justice is prosecuting the case.
