Lawyers for the man charged with planting pipe bombs near the Republican and Democratic national committees\u2019 headquarters on Jan. 5, 2021, said in a new court filing that he should be covered by President Donald Trump\u2019s blanket pardon of Jan. 6 defendants.<\/p>\n\n\n\n
The attorneys for Brian Cole maintained his innocence but also argued that if he did place the pipe bombs, Trump\u2019s pardon of people involved in \u201cevents … at or near the United States Capitol on January 6, 2021,\u201d would cover his alleged actions.<\/p>\n\n\n\n
\u201cThe devices at issue in this case were discovered and neutralized on the afternoon of January 6, 2021, at the national party headquarters on Capitol Hill\u2014literally \u2018at or near\u2019 the United States Capitol\u2014as the day\u2019s larger events unfolded,\u201d attorney Mario Williams wrote in a motion to dismiss the case.<\/p>\n\n\n\n
Williams argued that, like many of the Jan. 6 defendants, Cole was \u201cmotivated by grievances about the 2020 presidential election,\u201d adding that his grievances were \u201cdirected at the headquarters of the two national political parties on Capitol Hill,\u201d with the timing of \u201cthe January 6 certification of the electoral college vote.\u201d<\/p>\n\n\n\n
Cole\u2019s lawyers compare him to two Jan. 6 defendants in particular \u2014 Kenneth Harrelson and David Dempsey.<\/p>\n\n\n\n
Dempsey, who was sentenced to 20 years in prison and was described by federal prosecutors as \u201cone of the most violent\u201d rioters, was covered by the pardon. Harrelson was sentenced to two years in prison for transporting firearms and ammunition into Washington. His sentence was also commuted.<\/p>\n\n\n\n
\u201cIf Harrelson received a commuted sentence for transporting firearms and ammunition for use against our government, then the government seems to be wasting our time trying to convict Mr. Cole for allegedly transporting explosive materials to the D.C. area,\u201d Williams wrote, adding that devices Cole is alleged to have had did not explode or injure anyone.<\/p>\n\n\n\n
\u201cOn the government\u2019s own narrative, Mr. Cole\u2019s alleged conduct is not at the margins of the Pardon; the alleged conduct sits at its center,\u201d Williams wrote, adding that \u201cthere is no serious dispute\u201d that Cole\u2019s alleged conduct is treated differently from the definition of the Jan. 6, 2021, events in Trump\u2019s pardon.<\/p>\n\n\n\n
Cole\u2019s attorneys said all of the alleged activity is tied to downtown Washington and the congressional certification of the 2020 presidential election results on Jan. 6.<\/p>\n\n\n\n
\u201cThe government\u2019s own narrative also squarely places Mr. Cole\u2019s alleged actions in the political and temporal setting of January 6, 2021,\u201d they wrote.<\/p>\n\n\n\n
The White House did not immediately respond to a request for comment on the arguments and whether Trump’s pardon was intended to cover defendants like Cole.<\/p>\n\n\n\n
Trump issued his pardon at the beginning of his second term. Cole was charged almost a year later.<\/p>\n\n\n\n
Cole was arrested on Dec. 4 and charged with transporting an explosive device and attempted malicious destruction by means of explosive materials. Federal prosecutors said in a request to keep him behind bars as he awaits trial that Cole felt \u201cextreme acts of violence\u201d were justified because \u201cthey were in charge,\u201d expressing dislike for both political parties.<\/p>\n\n\n\n
A judge in January ordered that Cole remain detained ahead of his trial, ruling that he posed a \u201cpotential danger\u201d to the public. His lawyers had submitted a motion for his release, citing an autism diagnosis.<\/p>\n\n\n\n