A federal judge ruled Monday that President Donald Trump’s Jan. 6 pardon did not apply to a Virginia man accused of planting two pipe bombs in Washington the night before the 2021 attack on the U.S. Capitol.
Prosecutors said Brian Cole Jr. placed bombs near the headquarters of the Republican National Committee and Democratic National Committee on Jan. 5, 2021. In March, his lawyers argued the case should be dismissed because the alleged conduct was “is so inextricably and demonstrably tethered to” events at the Capitol on Jan. 6.
Trump issued a pardon on his first day back in office last year to nearly every person convicted of crimes tied to the Capitol attack.
In a three-page order, U.S. District Judge Amir H. Ali rejected Cole’s argument.
“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. “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.”
Cole is due back in court Wednesday for a status hearing.
When Cole’s lawyers sought dismissal in March, a White House official disputed their argument.
“The pipe bombs were placed on Jan 5. The pardon pertained to events at or near capitol on January 6 and clearly does not cover this scenario,” the official said in a statement at the time.
The FBI arrested Cole in December at the home where he lived with his parents. He pleaded not guilty in January to federal charges of transporting and attempting to use explosives.
The FBI said Cole gathered bomb-making materials for months before leaving the devices outside the political offices. Investigators said his phone data connected him to cell towers around Capitol Hill, and that his calls and texts matched timestamps on security footage showing the bomber’s movements.