Judge refuses to release a man charged with planting pipe bombs on the eve of the Capitol riot

A federal judge has denied a request for the pretrial release of the man accused of planting two pipe bombs near the Democratic and Republican party headquarters on the eve of the January 6, 2021 Capitol riot, determining he must remain in custody until trial.

U.S. District Judge Amir Ali upheld a previous ruling by Magistrate Judge Matthew Sharbaugh that Brian J. Cole Jr., 30, poses too significant a public safety risk to be released under any conditions. The decision, handed down Thursday, keeps Cole behind bars where he has remained since his December 4 arrest.

Cole has pleaded not guilty to charges related to making and placing explosive devices outside the Republican National Committee and Democratic National Committee headquarters in Washington, D.C., on January 5, 2021. If convicted on both counts, he faces up to 30 years in prison, with one charge carrying a mandatory five-year minimum sentence.

The case had puzzled FBI investigators for over four years before phone records and other evidence led them to Cole, who lived with his parents in Woodbridge, Virginia. According to court documents, Cole has been diagnosed with autism and obsessive-compulsive disorder and has no prior criminal record.

Prosecutors allege Cole confessed to attempting what they described as “an extraordinary act of political violence.” During interrogation, Cole reportedly told investigators he was dissatisfied with how leaders from both political parties had handled “questions” surrounding the 2020 presidential election, stating that “something just snapped.”

“While the defendant may have reached a psychological breaking point, his crimes were anything but impulsive,” prosecutors argued in court filings. “Indeed, the defendant’s pipe bombs — and the fear and terror they instilled in the general public — were the product of weeks of premeditation and planning.”

The timing of the bombs’ placement created particular concern among law enforcement officials. The devices were discovered the next day as thousands of protesters gathered in Washington for a rally supporting then-President Donald Trump’s unfounded claims of election fraud, which later escalated into the violent breach of the Capitol.

The discovery of the bombs diverted crucial law enforcement resources during a critical security moment, potentially contributing to the inadequate response to the Capitol assault. Though the devices didn’t detonate, they triggered evacuations in an already tense environment.

Cole’s defense team had requested his release to home detention with electronic monitoring. His attorneys contested the danger posed by the devices, citing a defense expert who concluded they “were not viable explosive devices.”

“In fact, there was no possibility of death, injury or destruction as the devices were harmless,” the defense argued in their petition for release.

However, prosecutors maintained that regardless of the devices’ ultimate viability, the intent behind their placement and their discovery during such a volatile period represented a serious threat to public safety and democratic institutions.

The case highlights ongoing concerns about political extremism and violence in the United States, particularly as the country approaches another presidential election. Security analysts have noted an increase in threats against political figures and institutions since the 2020 election cycle.

The judge’s decision to keep Cole detained reflects the serious nature of the allegations and the potential threat posed by politically motivated violence, even as the defense continues to prepare for trial. No trial date has been set yet, but pretrial proceedings are expected to continue in the coming months as both sides prepare their cases.

The pipe bomb case stands as one of the most serious security incidents connected to the January 6 events, which collectively represent the largest criminal investigation in Justice Department history.