A federal grand jury returned a new indictment Wednesday against the man accused of planting pipe bombs near the Democratic and Republican national committee headquarters on the eve of Jan. 6, 2021, adding terrorism-related charges that significantly escalate the stakes of the case.
The defendant, Brian Cole Jr., now faces four federal counts, including interstate transportation of explosives, malicious attempt to use explosives, and a new charge alleging he attempted to use a weapon of mass destruction, according to the filing. Prosecutors also added a terrorism-related charge under Washington, D.C., law, accusing Cole of acting with the intent to influence government policy and intimidate civilians.
The updated indictment sharpens the government’s theory that the devices were not only dangerous but part of a broader effort to target the nation’s political infrastructure. Prosecutors allege Cole sought to damage property and coerce both government entities and the public, a key element supporting the terrorism enhancement.
Cole, 30, is accused of planting two improvised explosive devices outside the DNC and RNC headquarters on Jan. 5, 2021. The devices did not detonate and were later rendered safe by law enforcement, although authorities maintain they were functional.
Separately, federal prosecutors last week pushed back on Cole’s attempt to have the case dismissed under President Donald Trump’s sweeping Jan. 6-related pardons. In an April 10 filing, the Justice Department argued Cole is “categorically excluded” from the proclamation because it applied only to individuals charged with offenses tied to conduct at or near the Capitol on Jan. 6 — not the placement of explosives the night before.
Investigators have cited surveillance footage, cellphone location data, and purchase records for bomb components as evidence tying Cole to the devices. In earlier filings, prosecutors said Cole confessed after his arrest, telling authorities he was motivated by frustrations over the 2020 election and a desire to “speak up” about his frustration with the political environment. However, prosecutors have not provided evidence that Cole was motivated by a particular ideology.
Cole, who was arrested in early December, pleaded not guilty in January to the original two counts and is expected to enter an additional plea related to the two new charges added Wednesday. The prosecution is being handled by the U.S. Attorney’s Office for the District of Columbia, which is led by U.S. Attorney Jeanine Pirro.
FBI INVESTIGATED FORMER CAPITOL POLICE OFFICER IN JAN. 6 PIPE BOMB CASE, FILINGS SAY
Cole’s defense team has pointed to his autism diagnosis and obsessive-compulsive disorder, while some outside detractors of the government’s narrative, including Rep. Thomas Massie (R-KY), have questioned the strength of the case and whether the government arrested the correct suspect.
The defense team said in defense filings earlier this month that discovery material provided by the FBI suggested a U.S. Capitol police officer at the time of the riot, who now works for the CIA, was a person of interest before the FBI began looking into Cole as a suspect. That former Capitol police officer, Shauni Kerkhoff, failed a polygraph test when asked about whether she planted the pipe bombs, the defense filing said. Kerkhoff, through a lawyer, has previously denied involvement in the attempted pipe bombing.
A judge has ordered Cole to remain detained pending trial.
