Overview
- Brian J. Cole Jr.’s attorneys filed a 23-page motion on March 16 arguing Trump’s proclamation pardoning offenses “related to” Jan. 6 bars his prosecution.
- Prosecutors have not yet responded in writing, and in earlier filings said Cole told the FBI his actions were not related to the Jan. 6 proceedings.
- Cole was arrested on Dec. 4, 2025, and has pleaded not guilty to interstate transportation of explosives and attempted malicious use of explosives.
- Investigators say phone, surveillance and license‑plate data and a post‑arrest confession link Cole to the bombs, which the FBI calls viable, while the defense says the devices could not have exploded and notes his autism diagnosis.
- The motion cites pardoned Jan. 6 defendants David Dempsey and Kenneth Harrelson as precedent and raises threshold questions about whether the 2025 order covers uncharged individuals or acts on Jan. 5; Judge Amir Ali has not ruled and Cole remains detained.