WASHINGTON — President Trump’s sweeping act of clemency for rioters who stormed the U.S. Capitol also should apply to a man charged with planting pipe bombs near the national headquarters of the Democratic and Republican parties on the eve of the Jan. 6, 2021, riot, the suspect’s attorneys argue in a bid to get his case dismissed.
In a court filing Monday, defense attorneys assert that Trump’s blanket pardons extend to the charges against Brian J. Cole Jr. because his alleged conduct on Jan. 5, 2021, is “inextricably tethered” to what happened at the Capitol the next day. They’re asking U.S. District Judge Amir Ali to throw out the case before trial.
Justice Department prosecutors didn’t immediately respond in writing to the defense’s request. In a previous court filing, prosecutors said Cole, under questioning by FBI agents, denied that his actions were related to the Jan. 6 proceedings at the Capitol.
On his first day back in the White House last year, Trump pardoned, commuted prison sentences and ordered the dismissal of all 1,500-plus people charged in the attack by a mob of his supporters.
Nearly a year later, Cole was arrested on charges that he placed two pipe bombs outside both the Republican and the Democratic national committees’ headquarters in Washington the night before the riot. The devices didn’t detonate before law enforcement officers discovered them Jan. 6.
Cole’s attorneys said the Justice Department’s framing of the case has explicitly linked Cole’s alleged conduct on Jan. 5 to the events of Jan. 6, when rioters disrupted the joint session of Congress for certifying Joe Biden’s electoral 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.”
They also argued that prosecutors’ theory of a possible motive places Cole’s alleged conduct “in the same political controversy that animated the January 6 crowd.”
In court filings, prosecutors have said that Cole confessed to investigators after his Dec. 4 arrest. He told FBI agents that he felt “bewildered” by conspiracy theories related to the 2020 presidential election and “something just snapped” after “watching everything, just everything getting worse,” prosecutors said.
Cole has remained jailed since his arrest. His attorneys have appealed Ali’s refusal to order Cole’s pretrial release from custody. The judge hasn’t set a trial date yet.
Cole, 30, of Woodbridge, Virginia, has been diagnosed with autism and obsessive-compulsive disorder. His attorneys say he has no criminal record.
Authorities said they used phone records and other evidence to identify him as a suspect in a crime that confounded the FBI for more than four years.
Kunzelman writes for the Associated Press.
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