Alleged D.C. pipe bomber appearing in court to contest continued detention

Washington — The Virginia man accused of planting two pipe bombs outside the Republican and Democratic Party headquarters on the eve of the Jan. 6, 2021, U.S. Capitol riot will be in court Tuesday as his lawyers and federal prosecutors argue over whether he should remain detained in the lead-up to a criminal trial.

Justice Department lawyers have argued in court papers that Brian Cole, 30, poses an "intolerable risk" to the community and should continue to be detained. He faces two criminal charges stemming from the alleged planting of two improvised explosive devices in the vicinity of the RNC and DNC headquarters in Washington, D.C., nearly five years ago. He has not yet entered a plea to the charges.

Prosecutors urged the court to keep Cole in custody "considering the extreme and profoundly serious nature of his crimes, the overwhelming evidence of his guilt, the years he has spent deceiving those around him to avoid accountability, and the intolerable risk that he will again resort to violence to express his frustration with the world around him."

The Justice Department said in court filings Sunday that Cole has confessed to constructing the bombs, filling them with explosive power and setting their timers to detonate. Prosecutors argued that he evaded law enforcement and avoided accountability "for actions that endangered lives and created a widespread sense of fear and terror."

The devices were planted on the night of Jan. 5, 2021, and were not discovered until the afternoon of Jan. 6, 2021, as law enforcement in Washington, D.C., were overwhelmed when a mob of President Trump's supporters breached the U.S. Capitol in an effort to stop Congress from certifying the results of the 2020 presidential election.

The bombs did not detonate, but the FBI said they were viable. The perpetrator who planted the devices eluded federal investigators for years, even as the FBI continued to release new video and information in hopes of a break in the case. Then, earlier this month, authorities arrested Cole after investigators looked at cellphone provider records, purchasing history and vehicle movements.

Cole told investigators during an interview after his arrest that he had driven to Washington, D.C., on Jan. 5 to attend a protest over the outcome of the 2020 election and did not tell his family he was going to a protest in support of Mr. Trump, prosecutors said. He said that after the 2020 election, he began following the issue on YouTube and Reddit "when it first seemed like something was wrong" and "stuff started happening," according to Justice Department filings. He said that "if people feel that their votes are like just being thrown away, then . . . at the very least someone should address it," prosecutors said.

Prosecutors wrote that when asked about his motive, Cole said "something just snapped" and he wanted to target "the parties" because "they were in charge." He denied that his actions were directed toward Congress or related to certification of the 2020 election results, which took place on Jan. 6, according to the Justice Department.

Cole's lawyers have argued in court papers that he should not be kept in custody while awaiting a trial, as he has lived "without incident" for the past four years. They said that Cole has been diagnosed with Autism Spectrum Disorder, Level 1, and obsessive compulsive disorder. Level 1 is the mildest form of Autism Spectrum Disorder, according to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition.

Cole's legal team also argued that he has no criminal history and said there is "zero evidence" to suggest he would flee ahead of a trial. He agreed to home detention with GPS monitoring, and would be supervised by his grandmother, according to court filings.

"There is no pattern of alarming conduct either prior to or after the alleged conduct at issue in this case. Mr. Cole does not pose a danger to the community," they wrote.

Cole's lawyers have also asked the magistrate judge overseeing Tuesday's hearing to order any and all confessions or admissions Cole made to investigators to be turned over to his legal team.

Cole, a Virginia resident, was arrested earlier this month after the yearslong search for the perpetrator of the alleged plot. In court documents, the FBI said Cole lives with his mother and other family members in Woodbridge, Virginia, and works in a bail bondsman's office.

His lawyers said that Cole "can continue being a productive member of society upon release" because he can return to his job, "which will provide immediate structure and accountability."

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