A federal judge deemed that the suspect who allegedly planted pipe bombs near the national headquarters of both major political parties in Washington, D.C., over five years ago is ineligible for President Donald Trump’s sweeping pardons given to defendants charged in connection with the Jan. 6, 2021, Capitol riot.
In a three-page ruling issued on Monday, U.S. District Judge Amir Ali determined the “pardon does not apply” to Brian Cole Jr. because he was not charged or convicted when Trump issued the pardons in January 2025. Cole was arrested in December 2025 and charged soon after.
Cole’s attorneys argued he qualifies for a pardon because his alleged actions were connected to the Jan. 6 Capitol riot, but the judge concluded they did not explain how Cole is similar to the Jan. 6 defendants “convicted of offenses.” The alleged D.C. pipe bomber has not been convicted yet.
The defense lawyers used their argument for a pardon to force the case’s dismissal, but the judge rejected that request because Cole had no pending indictment for riot-related crimes at the time Trump issued the pardons by executive order. That was the counterargument made by the Department of Justice.
The suspect faces a series of federal charges: interstate transportation of explosives, malicious attempt to use explosives, attempt to use weapons of mass destruction, and an act of terrorism while armed.
The indictment, along with the eventual superseding indictment, stems from his efforts to lay two homemade explosive devices in backpacks outside the Democratic National Committee and the Republican National Committee buildings in the nation’s capital on the night of Jan. 5, 2021. The devices did not detonate before police discovered them the following day.
Cole was arrested at his parents’ home in Woodbridge, Virginia, nearly five years later.
Authorities say he later admitted involvement during an interview with investigators, telling them he became “bewildered” by conspiracy theories surrounding the 2020 presidential election and that he “snapped” after watching events unfold. At the time, Trump propagated claims that the election was stolen from him by President-elect Joe Biden. Judge Ali was appointed by Biden in 2024.
DC PIPE BOMB SUSPECT PLEADS NOT GUILTY TO TERRORISM AND WMD CHARGES
If convicted on the most serious charges related to weapons of mass destruction and an act of terrorism, Cole faces a possible life sentence. He remains in custody pending trial.
Cole is set to appear in court on Wednesday for a follow-up hearing. A trial date has not been scheduled yet.