Overview
- A superseding indictment made public Wednesday adds attempted use of a weapon of mass destruction and a D.C. armed terrorism charge, bringing the case to four counts.
- Cole remains jailed and has not yet been arraigned on the new counts, with a status hearing scheduled for April 21.
- Prosecutors argue Trump's Jan. 20, 2025 clemency applied only to people already charged or convicted for Jan. 6 conduct, while the defense seeks dismissal under that proclamation.
- Evidence outlined in filings includes surveillance footage, cellphone location data, purchase records, and an interview in which prosecutors say Cole described building and placing the devices, which were later rendered safe but considered functional.
- Defense lawyers question the new charges and labels, citing Cole’s autism and pointing to an early alternative suspect who denies involvement, as some legal commentators criticize the DOJ’s focus here while it moves to unwind certain Jan. 6 sedition cases.