Lawyers for a man accused of planting pipe bombs outside the headquarters of America's two main political parties are mounting a bold legal defence, arguing their client should be fully pardoned under former President Donald Trump's sweeping clemency for January 6 defendants.
The Core of the Defence Argument
Brian J. Cole Jr., a 30-year-old from Woodbridge, Virginia, has pleaded not guilty to federal charges of transporting explosives and attempting to use them. The allegations state he placed two explosive devices outside the Democratic National Committee and Republican National Committee buildings on the night of 5 January 2021, just hours before Congress convened to certify Joe Biden's election victory and a mob stormed the US Capitol.
In a detailed interview with Fox 5 DC, defence attorney Mario Williams revealed his strategy. He plans to argue in court that the language of Trump's pardon, which covers "offenses related to events that occurred at or near the United States Capitol on January 6, 2021," should absolve Cole. Williams stated unequivocally, "For purposes of the pardon, I absolutely agree with it... Oh, 100%!" he said when asked if his client should be pardoned.
Prosecution Allegations and Defence Rebuttal
Federal prosecutors present a serious case. They allege Cole admitted to building the homemade devices, travelling to Washington, and placing the pipe bombs. According to court filings, he told investigators he hoped they would detonate and "hoped there would be news about it." Prosecutors say Cole claimed he wanted to "speak up" for those who believed the 2020 election was stolen, targeting both parties because they were "in charge."
However, Williams is challenging the government's narrative of a confession. After reviewing footage of Cole's post-arrest interview, the attorney claims the prosecution's version is "incorrect and acontextual, and in some instances, absolutely false." The defence also points to Cole's diagnosed autism spectrum disorder and obsessive-compulsive disorder, his lack of criminal record, and his stable home life with his parents as reasons he does not pose a danger.
Judicial Ruling and Potential Consequences
Despite the planned pardon argument, a federal magistrate judge, Matthew Sharbaugh, ruled earlier this month that Cole must remain jailed until trial. Judge Sharbaugh found no conditions could reasonably protect the public, noting the alleged plan could have been "devastating" and caused grievous injury or worse. He cited concerns about Cole's "abrupt and impulsive conduct" and prosecutors' claims that Cole continued acquiring bomb-making components for months after January 6.
The defence's upcoming legal motion will hinge on convincing the court that planting bombs the night before the Capitol riot is sufficiently "January 6 adjacent" to be covered by the pardon. Cole faces two counts; conviction could bring up to 10 years on one charge and up to 20 years on the other, the latter carrying a five-year mandatory minimum sentence.
