Alleged Capitol Hill pipe bomber argues charges should be tossed out under Trump pardons

A man who was accused of planting pipe bombs outside the Republican National Committee and Democratic National Committee headquarters on the eve of the Jan. 6 attack in 2021 is asking a judge to dismiss the criminal charges against him, arguing he is covered by President Trump’s sweeping pardons of alleged Jan. 6 rioters.

Monday’s motion from lawyers for Brian Cole Jr. marks the latest twist in a case that remained unsolved for years — and the latest test of how extensively the Jan. 6 pardons could apply.

His attorneys argued that the charges against Cole, who has pleaded not guilty, are “inextricably and demonstrably tethered” to the events of Jan. 6.  

They pointed to filings by prosecutors that say Cole told the FBI he had traveled to Washington, D.C., to attend a 2020 election-related protest, which suggests he was part of “the same political controversy that animated the January 6 crowd.” And they note that, even though the bombs were allegedly planted on Jan. 5, they were discovered on the following afternoon.

“The Pardon—like it or not—applies to Mr. Cole, based on the ordinary and plain meaning of the Pardon’s language as applied to the relevant facts in this case,” Cole’s lawyers wrote.

Cole was charged late last year with interstate transportation of explosives and malicious attempt to use explosives, after federal authorities were unable to identify a suspect in the case for almost five years. The bombs did not detonate, but the FBI has said they were viable. Trump administration officials had described solving the case as a top priority.

CBS News has reached out to the Justice Department for comment. 

The Jan. 6 pardons, issued hours after Mr. Trump returned to the White House last year, granted relief to around 1,500 riot defendants who were accused of everything from trespassing to assaulting police. The president wiped away criminal convictions for all but 14 of those who were convicted of Jan. 6-related offenses, and directed the Justice Department to seek to dismiss charges against those who had not yet been convicted.

It’s not clear whether Mr. Trump’s pardon order applies to Cole. The order says the pardons apply to “offenses related to events that occurred at or near the United States Capitol on January 6, 2021” — and Cole is accused of planting the bombs one day beforehand.

Cole’s lawyers argue that the phrase “related to” could apply to offenses that did not take place on Jan. 6, 2021, as long as they were linked to the events of that day.

This isn’t the first criminal case that has tested the limits of the Jan. 6 pardons.

In several cases, authorities searched the homes of Jan. 6 defendants and allegedly found unlawful firearms, leading the accused rioters to face both Jan. 6 and weapons possession charges. The government has argued in some of those cases that the pardons issued by Mr. Trump should cover all charges against them, not just the ones directly tied to the Capitol riot. One defendant was granted a second pardon to cover his gun charges.

Another rioter, Edward Kelley, was charged separately with both entering the Capitol on Jan. 6 and threatening the FBI agents who investigated him. In his case, federal prosecutors argued Mr. Trump’s pardon did not cover the charges related to threats against the FBI, pushing back on Kelley’s motion to dismiss. He was sentenced to life in prison.