The Justice Department has rejected claims that former President Donald Trump’s Jan. 6 pardons shield Brian Cole Jr. from charges related to planting pipe bombs outside the Republican and Democratic National Committee headquarters in Washington, D.C., on January 5, 2021, the day before the Capitol riot.
In court filings submitted Friday, prosecutors opposed Cole’s motion to dismiss the charges against him, contending that his alleged actions are not covered by the pardon proclamation issued by Trump on January 20, 2025. Cole, who faces federal charges including interstate transportation of explosives and malicious attempt to use explosives, was accused of planting viable pipe bombs that ultimately did not detonate.
Cole’s defense argued that his offenses are “inextricably and demonstrably tethered” to the political unrest surrounding Jan. 6, citing his own statements to the FBI indicating a connection to the same political controversy that motivated the Capitol rioters. They claim the pardon’s phrase “related to events that occurred at or near the United States Capitol on January 6, 2021” should include actions taken shortly before the riot.
However, prosecutors maintained that the pardon explicitly covers only individuals convicted of or indicted for offenses committed on January 6 itself and its immediate vicinity. As Cole’s alleged crimes occurred on January 5 and were not connected directly to the Capitol events, the Justice Department contends the pardon does not apply.
“On January 20, 2025, the defendant belonged to neither category,” the Department wrote. They further noted that at the time the pardon order was issued, Cole had not been identified or charged, and the investigation of the pipe bombs was ongoing.
The Justice Department referenced Cole’s FBI interview where he admitted traveling to D.C. not to join a protest, but to plant the bombs. Prosecutors emphasized Cole’s denial that his conduct targeted Congress or was related to the Jan. 6 congressional proceedings, stating he acted out of anger at political parties generally, rather than in support of the Capitol riot.
The case is pending before U.S. District Judge Amir Ali, with a status hearing scheduled for April 21. As of now, no date has been set to hear Cole’s dismissal motion.
Why it matters
The outcome of this case will help clarify the scope and limitations of former President Trump’s Jan. 6 pardons, which have been controversially applied to approximately 1,500 individuals charged with crimes ranging from trespassing to assault during the Capitol riot. This ruling will also indicate whether related incidents occurring just outside the core Jan. 6 events fall under those pardons.
Background
Brian Cole Jr. was charged in 2025 with planting two pipe bombs on January 5, 2021, which FBI investigations concluded were operable and intended to terrorize political party headquarters. Trump’s Jan. 6 pardons, announced during his return to office, broadly dismissed or directed dismissal of charges against individuals involved in the Capitol riot but specified applicability only to offenses on or near the Capitol on January 6. Cole’s defense has pushed to extend this protection to his actions, citing political motivations connected to the unrest that day.
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