WASHINGTON — Defense attorneys for a Virginia man accused of placing explosive devices outside political party headquarters are claiming that President Donald Trump’s comprehensive pardons for January 6th Capitol rioters should also cover their client’s case.
Lawyers for Brian J. Cole Jr. filed court documents Monday requesting dismissal of charges against their client, arguing that Trump’s broad clemency actions should extend to Cole because his alleged actions on January 5, 2021, are “inextricably tethered” to the Capitol events that occurred the next day. They’ve petitioned U.S. District Judge Amir Ali to dismiss the case before it goes to trial.
Federal prosecutors have not yet filed a written response to this defense motion. However, in earlier court documents, prosecutors noted that Cole denied any connection between his alleged actions and the January 6th Capitol proceedings when questioned by FBI investigators.
During his first day returning to office in January, Trump issued pardons, reduced sentences, and ordered case dismissals for all 1,500-plus individuals charged in connection with the attack by his supporters.
Cole was taken into custody nearly a year later on allegations that he positioned two explosive devices outside both the Republican National Committee and Democratic National Committee offices in Washington, D.C., during the evening before the riot. Law enforcement discovered the unexploded devices on January 6th.
Defense attorneys contend that the Justice Department’s own case presentation has directly connected Cole’s alleged January 5th actions to the following day’s events, when rioters interrupted the congressional session certifying President Joe Biden’s election victory over Trump.
“That is not happenstance sequencing in time. It is the government’s theory of Mr. Cole’s alleged motive and context,” defense lawyers wrote. “According to the government, the timing was chosen because of what was scheduled to occur at the Capitol on January 6.”
The defense team also maintains that prosecutors’ motive theory places Cole’s alleged actions “in the same political controversy that animated the January 6 crowd.”
According to court documents, prosecutors state that Cole admitted his actions to investigators following his December 4th arrest. He reportedly told FBI agents he felt “bewildered” by conspiracy theories surrounding the 2020 presidential election and “something just snapped” after “watching everything, just everything getting worse,” according to prosecutors.
Cole has been held in custody since his arrest. His legal team has challenged Ali’s decision to deny Cole’s release before trial. No trial date has been scheduled.
The 30-year-old Woodbridge, Virginia resident has been diagnosed with autism and obsessive-compulsive disorder. His lawyers note he has no prior criminal history.
Law enforcement officials say they used cellular phone records and additional evidence to identify him as a suspect in a case that had puzzled the FBI for more than four years.
