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Attorneys Seek Release for Accused Jan. 6 Pipe Bomber, Citing Lack of Public Danger
Washington D.C. – Attorneys representing Brian Cole Jr., the Virginia man accused of planting pipe bombs outside the Republican National Committee (RNC) and Democratic National Committee (DNC) headquarters the night before the January 6, 2021, Capitol riot, are urging a judge to release him pending trial. They contend that prosecutors have failed to present evidence demonstrating Cole poses a danger to the general public.
In a late-night filing on Monday, Cole’s legal team criticized what they described as “government-induced excitement” surrounding his recent arrest, suggesting it was both premature and potentially in violation of local court rules. This filing precedes a scheduled detention hearing for Cole on Tuesday afternoon.
Federal authorities arrested Cole earlier this month after a nearly five-year investigation. He appeared in court on December 5, where he was formally charged with two offenses that carry a maximum sentence of 30 years if he is convicted. Cole has not yet entered a plea.
According to previous Department of Justice filings, Cole allegedly confessed to investigators, stating he was not targeting the joint session of Congress that was certifying the 2020 presidential election results. The filing details that after seeing himself in FBI-released videos seeking public tips, Cole reportedly disposed of all bomb-making materials at a local dump and never disclosed his actions to anyone over the past five years. The document also notes that data on his personal cellphone was allegedly wiped “nearly one thousand times” during that period.
Prosecutors, in their own filing urging Cole’s continued detention, argued that his alleged actions and choice of the RNC and DNC as targets “demonstrates the extreme and deeply dangerous nature of his conduct.”
Cole’s attorneys, in their Monday filing, specifically highlighted comments made by D.C. U.S.
Attorney Jeanine Pirro in an interview following their client’s arrest, asserting that she improperly commented on the merits of the government’s case. They further claim that the government’s inclusion of Cole’s alleged confession in their Sunday detention memo may have violated his rights.
While not explicitly denying the government’s allegations, Cole’s attorneys primarily focused on disputing that prosecutors have adequately demonstrated he poses a danger to the public. The filing states that Cole has been diagnosed with autism spectrum disorder and obsessive-compulsive disorder and has no prior criminal record. His legal team proposed house arrest and an ankle monitor as conditions for his release, arguing there is no evidence he presents a flight risk.