US District Judge Amir Ali has ruled that Brian Cole, the alleged January 6 pipe bomber, is not covered by President Trump's pardons for those convicted of offenses related to the Capitol riot on January 6, 2021.
The judge rejected arguments from Cole's attorneys that their client should be exempt from prosecution due to the presidential pardon, citing that it is limited to those who had been convicted of offenses related to the events.
The pardon, issued by President Trump, specifically excluded individuals who had not been convicted of the offenses at the time of the pardon's issuance, and Cole had not been charged until many months after the proclamation.
Brian Cole, 30, of Woodbridge, Virginia, was taken into custody in December and charged with use of an explosive device and attempted malicious destruction by means of explosive materials.
In April, Cole was hit with a superseding indictment that added two more charges: Interstate Transportation of Explosives and Malicious Attempt to Use Explosives.
Cole initially admitted to investigators that he planted pipe bombs at the RNC and DNC headquarters on January 5, the night before the Capitol riot.
The FBI identified Cole based on phone pings and transaction history on his credit cards, according to an affidavit.
The FBI has identified one bank checking account and six credit cards used by Cole, which they reviewed for transaction history during the relevant time period.
Cole's family described him as an "autistic recluse" and "computer nerd" who lived in the basement of his parents' home.
Cole's grandmother stated that her grandson has no party affiliation and is not a Trump supporter, contradicting earlier reports that suggested a possible connection to the former president.
The case against Cole continues to unfold, with the next steps in the legal process to be determined.