WASHINGTON (AP) — In a notable development related to the January 6 Capitol riot, the defense team for Brian J. Cole Jr. has presented arguments suggesting that the clemency issued by former President Donald Trump for participants in the riot should also extend to Cole, who is charged with planting pipe bombs near the national party headquarters just before the incident.
In court filings made on Monday, Cole's attorneys assert that Trump's blanket pardons should apply to his client due to the alleged connection between Cole's conduct on January 5, 2021, and the insurrection that occurred on January 6. They argue that this conduct is “inextricably tethered” to the events of the Capitol riot, prompting their request for a dismissal of the case before it proceeds to trial.
The U.S. Department of Justice has yet to formally respond to this request. Previous filings suggest that prosecutors are contesting the connection, citing Cole's own denials during FBI questioning, where he stated that his actions had no relation to the events of January 6.
Notably, on his first day back in the White House, Trump issued pardons and commutations for over 1,500 individuals charged in connection with the Capitol riot. This aspect is central to Cole's legal strategy, as his attorneys contend that the government's theory of the case links his actions to the political strife surrounding the riot. They cite that the timing of the alleged pipe bomb placements was intentionally chosen due to the congressional certification of President Joe Biden's electoral win happening on January 6.
Cole was arrested nearly a year after the events, accused of placing two pipe bombs at the Republican and Democratic National Committee headquarters that failed to detonate before being discovered on January 6. His attorneys emphasized that the government has made a direct correlation between his alleged actions and the ensuing chaos that unfolded the following day.
In their filings, they noted that the prosecution has framed Cole's actions within the larger political tensions that fueled the insurrection, indicating that these tensions should be considered while examining his case. Prosecutors maintain that Cole confessed to feeling “bewildered” by conspiracy theories surrounding the 2020 election, which contributed to his alleged actions, stating, “something just snapped” as a direct reaction to unfolding events.
For now, Cole remains jailed without a trial date set, as his attorneys have appealed for his release under the current legal circumstances. Cole, who is diagnosed with autism and obsessive-compulsive disorder, has no previous criminal record and is facing serious charges stemming from what has been a perplexing criminal investigation spanning over four years.
