A federal judge on Monday dealt a setback to a Virginia man seeking to use President Trump's sweeping pardons for January 6 defendants to escape charges related to pipe bombs placed near the national headquarters of both major political parties.
U.S. District Judge Amir Ali, a Biden appointee, rejected Brian Cole Jr.'s motion to dismiss all charges, ruling that Trump's January 20, 2025, proclamation explicitly applies only to individuals already convicted of offenses tied to the Capitol riot. Cole, who was arrested in December 2024, had not been convicted at the time of the pardon, the judge noted.
“Even assuming that the conduct Cole is charged with is ‘related to events that occurred at or near the United States Capitol on January 6, 2021,’ the pardon is expressly limited to people who had been ‘convicted of offenses’ related to those events,” Ali wrote in a three-page order.
Cole's legal team had argued that his alleged actions were “inextricably and demonstrably tethered” to the January 6 events, pointing to the proximity of the bomb placements the night before the riot. Federal prosecutors countered that the pardon's language was unambiguous and that Cole's attempt to invoke a separate directive—ordering the attorney general to dismiss pending indictments—also failed.
“Cole does not try to explain how a pardon for ‘individuals convicted of offenses’ applies to him, and he shifts to a new theory in his reply brief: that the President’s directive to the Attorney General to ‘pursue dismissal with prejudice to the government of all pending indictments’ requires the Attorney General to dismiss the charges against him,” Ali continued. “But this argument does not work either.”
The case stems from the discovery of two pipe bombs near the Democratic National Committee and Republican National Committee offices in Washington, D.C., on the evening of January 5, 2021. The Metropolitan Police Department removed the devices safely. Months later, the FBI released surveillance footage showing a suspect walking near the buildings between 7:30 and 8:30 p.m., the window when the bombs were placed.
Authorities arrested Cole at his home in Woodbridge, Virginia, last December. He faces two federal charges: transporting an explosive device in interstate commerce, which carries up to 10 years in prison, and attempted malicious destruction by means of explosive materials, punishable by up to 20 years. U.S. Attorney for the District of Columbia Jeanine Pirro said forensic evidence and cellphone data linking Cole's phone to towers near the party offices on January 5 led to his arrest.
The ruling comes amid ongoing legal battles over the scope of Trump's January 6 pardons, which have already drawn scrutiny from critics who argue they undermine accountability for the Capitol attack. The decision also highlights the limits of executive clemency when applied to defendants not yet convicted. Cole is scheduled for a status hearing Wednesday; his trial date remains unset.
Separately, the Trump administration has continued to push its agenda on other fronts, including a White House report slamming the Smithsonian for alleged political activism, while Senate Democrats have demanded clarity on Trump firms' IRS deal scope. The Supreme Court's recent partisan term has also bolstered Trump's power, critics say.
