Alleged Capitol Hill pipe bomber argues charges should be tossed out under Trump pardons
Source: CBS News
Updated on: March 16, 2026 / 11:33 PM EDT
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 Pardonlike it or notapplies 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.
Read more: https://www.cbsnews.com/news/alleged-pipe-bomber-trumps-jan-6-pardons-brian-cole/
Irish_Dem
(81,015 posts)intelpug
(157 posts)Not a lawyer but I would say Trumps pardon covers events that occurred on Jan 6 at the capitol, Not distinctly different crimes that occurred the day before
BumRushDaShow
(169,002 posts)Tarrio wasn't in the Capitol on Jan. 6. He was there on the 5th but had been told that he was not allowed to set foot in the city (and he didn't). But he did his "planning" just outside in a parking garage!
And as we know, he got convicted of seditious conspiracy and then pardoned.
LetMyPeopleVote
(179,092 posts)Even if Coles alleged conduct is related to Jan. 6, 2021, his motion to dismiss still faces a fatal problem.
Why Trumpâs Jan. 6 pardon doesnât apply to alleged pipe bomb planter Brian Cole
— CVJ (@enuffsaysv.bsky.social) 2026-03-17T22:00:44.260Z
Even if Coleâs alleged conduct is related to Jan. 6, 2021, his motion to dismiss still faces a fatal problem.
Read in MS NOW: apple.news/Ayx7uAHXaRCe...
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https://www.ms.now/deadline-white-house/deadline-legal-blog/why-trumps-jan-6-pardon-doesnt-apply-to-alleged-pipe-bomb-planter-brian-cole
But theres a simple reason for the courts to find that it doesnt.
To understand why, lets first look at the Jan. 20, 2025, proclamations text, which grants relief to three categories of people. First, it commutes sentences to time served for a list of people named in the order (Cole isnt one of them). Second, it pardons all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021. And third, it directs the attorney general to drop all pending indictments against individuals for their conduct related to the events at or near the United States Capitol on January 6, 2021.
So, before getting to the allegations against Cole, who has maintained his innocence, he faces a threshold issue: He doesnt fit into any of those categories. He was charged in December 2025, long after Trumps January order, and he hasnt been convicted. Therefore, he was neither charged nor convicted at the time that Trump granted the pardon. .....
To be sure, had Cole been charged or convicted by the time Trump issued his proclamation, it wouldnt have been ridiculous to argue that it covered him, even if that argument were not as airtight as his dismissal motion suggested.
But in any event, the timing is important enough that courts could rule against him on that threshold matter alone that is, without deciding whether his alleged conduct qualifies as related enough to Jan. 6. Courts like not having to decide things they dont have to when they dont want to.
And though the governments position on the pardons scope doesnt dictate how the courts decide that scope, that the Trump DOJ brought this case shows that it doesnt think Cole qualifies.
Of course, if the courts reject Coles motion to dismiss, Trump will be free to issue him a fresh pardon if he wants to. In fact, the president doesnt have to wait for the courts to weigh in. He could do it today.
This is not my area of the law but on pure contract interpretation principles, trump's poorly worded pardon may not apply