A federal judge ruled Monday that President Donald Trump’s Jan. 6 pardons do not shield Brian J. Cole Jr., who is accused of planting pipe bombs outside both parties’ national headquarters the night before the Capitol attack.
U.S. District Judge Amir Ali rejected Cole’s request to dismiss the case, saying the pardon covered people already convicted of Jan. 6-related offenses.
“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,” Ali wrote.
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The accusations
Cole is accused of placing two pipe bombs near the Republican National Committee and Democratic National Committee headquarters in Washington on Jan. 5, 2021. The devices were discovered the next day as supporters of Trump stormed the U.S. Capitol.
The bombs did not detonate, but the FBI described them as viable.
Cole’s lawyers argued his alleged conduct was tied closely enough to the events of Jan. 6 to fall under Trump’s clemency. They said the alleged actions were “inextricably and demonstrably tethered” to the Capitol attack.
Prosecutors countered that the pardon did not cover Cole’s case. Ali agreed, noting that Cole had not been convicted and was not charged until months after Trump issued the proclamation.
Cole was charged last year with interstate transportation of explosives and malicious attempt to use explosives. CBS News reported that prosecutors later added terrorism and weapons-of-mass-destruction charges. Cole has pleaded not guilty.
Trump’s Jan. 6 clemency affected about 1,500 people accused or convicted in connection with the Capitol attack.
Ali’s ruling keeps the pipe bomb case moving. Cole is due back in court Wednesday for a status hearing. A trial date has not been scheduled.
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