A Virginia man pleaded not guilty to planting explosive devices near political committee offices the day before the US Capitol riot.
Brian Cole Jr., 30., entered his plea on Friday in Washington federal court. He faces charges of placing two pipe bombs near the headquarters of the Republican and Democratic National Committee offices on Jan. 5, 2021.
The devices didn’t detonate and were discovered the next day as supporters of President Donald Trump rioted at the US Capitol during the certification of the 2020 election, spurring conspiracy theories in the years since.
Magistrate Judge Matthew Sharbaugh of the US District Court for the District of Columbia oversaw the arraignment. The case has been assigned to US District Judge Amir Ali, a Joe Biden appointee.
Sharbaugh ordered Cole this month to remain detained pending trial. The magistrate judge found that Cole’s conduct in the years since the incident, including by purchasing and keeping materials found in explosives, indicated he could pose a threat to the community.
Cole was charged in December with transporting explosive devices and “attempted malicious destruction,” following a multiyear investigation into the incident.
Federal prosecutors followed up with a matching indictment weeks later secured in Washington’s local court. It was brought under an unusual maneuver recently used by the Washington US attorney’s office where a local Washington grand jury can bring federal charges under the capital’s unique court system.
After initially questioning if he could accept the indictment, Sharbaugh agreed to take it as long as prosecutors later obtained a federal grand jury indictment. The superseding federal indictment was filed on Tuesday.
Still, Cole’s defense lawyers have continued to challenge the validity of the indictment and argued in court filings that Cole should be released over the claimed defect.
Cole should’ve been given a preliminary hearing on the government’s evidence against him within 14 days of his first appearance in court, generally required for non-indicted cases, his attorneys said in a Wednesday court filing.
The government’s eventual federal grand jury indictment came too late to waive that requirement, so Cole should be released from custody as a remedy, they argued.
The federal government responded in a filing ahead of Friday’s hearing that the latest indictment rendered Cole’s claims moot.
The case is USA v. Cole, D.D.C., 1:26-cr-00001, hearing held, 1/9/26.
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