A federal judge in Washington, D.C., has rejected a Virginia man's attempt to have charges dropped against him for allegedly planting pipe bombs near the Republican National Committee and Democratic National Committee headquarters on Jan. 5, 2021 — the night before the pro-Trump attack on the U.S. Capitol.
Background
Brian Cole Jr. was initially charged in December 2025 and formally indicted earlier this year. The charges stem from two explosive devices allegedly placed outside political party headquarters one day before the Jan. 6, 2021, Capitol riot. Surveillance footage obtained by federal investigators reportedly shows Cole walking around Washington, D.C., placing the bombs. Federal prosecutors say the defendant allegedly learned how to construct the explosive devices through playing video games.
The Charges
In April, a superseding indictment was handed up with four counts: one count each of interstate transportation of explosives, malicious attempt to use explosives, attempt to use weapons of mass destruction, and act of terrorism while armed. Cole's defense team moved to have the case dismissed, arguing the charges were "inextricably and demonstrably tethered" to events at the Capitol on Jan. 6, 2021. The defendant's lawyers contended that Trump's mass clemency order for Jan. 6 participants should apply because the bombs in question were not discovered until Jan. 6, placing them within the scope of related conduct.
In a three-page opinion and order, U.S. District Judge Amir H. Ali denied the motion to dismiss. The judge found the pardon's language explicitly limited relief "to people who had been 'convicted of offenses'" — a requirement Cole plainly did not meet at the time Trump's proclamation was issued.
Key Takeaways
- Brian Cole Jr., 26, is charged with four counts including explosives-related offenses tied to devices allegedly placed outside RNC and DNC headquarters on Jan. 5, 2021
- Trump pardon explicitly applies only to individuals "convicted of offenses" related to Jan. 6 — not those merely charged or awaiting trial
- Cole was not charged until December 2025, months after Trump's clemency proclamation
- Federal prosecutors say the defendant allegedly confessed to being a Trump supporter but stated he does not like "either party"
What's Next
Cole's case proceeds toward trial in U.S. District Court for the District of Columbia. No trial date has been set. The judge denied dismissal, meaning Cole will face all four charges as the government continues building its case around surveillance footage and alleged statements made by the defendant.
The court's ruling sets a clear precedent that Trump's Jan. 6 pardons do not extend to individuals charged after the proclamation's issuance — even when their alleged conduct occurred in close temporal proximity to events covered under the clemency order.