A federal judge on Thursday was asked by federal prosecutors whether there is a need to appoint conflict counsel for accused Washington pipe bomber Brian Cole Jr., whose attorney also represents a reporter sued for identifying someone else as the bomber.
U.S. District Judge Amir Ali questioned how to evaluate the potential conflict during a status hearing, then took the government’s request under advisement. A forthcoming order will address the request, according to the court’s minute entry.
John Ross Glover, one of Cole’s defense attorneys, also represents Steve Baker, a former Blaze Media reporter and a defendant in a defamation lawsuit brought by former Capitol Police officer Shauni Kerkhoff.
Before Cole’s arrest, Baker’s reporting implicated Kerkhoff in the pipe bomb incident. Kerkhoff, who joined the CIA after leaving the Capitol Police, alleges the accusation was false and sued Baker, Blaze Media, and other defendants. Baker is no longer employed with the media company.
Prosecutor Jocelyn Ballantine said there was no current conflict but raised concerns about a potential one stemming from the overlapping representation. She suggested Cole could waive the potential conflict. Ali questioned what process the court should follow to address the issue.
Cole, 30, faces four counts including interstate transportation of explosives, malicious attempt to use explosives, attempting to use weapons of mass destruction, and an act of terrorism while armed. He has pleaded not guilty and faces a maximum sentence of life in prison if convicted.
Prosecutors allege he planted pipe bombs outside the Republican National Committee and Democratic National Committee headquarters on Jan. 5, 2021. Neither device detonated, and both were discovered the following day.
During the hearing Wednesday, Ballantine’s team said their evidence disclosures were “substantially complete,” though additional material could follow. Defense attorneys discussed efforts to dismiss a terrorism count and suppress Cole’s alleged confession, along with a planned challenge to another count.
Both sides also debated whether any current defense subpoenas sought information relevant to a trial defense and whether the government’s disclosures had already satisfied some requests.
Ahead of the hearing, a large group of Cole’s friends and family entered the courtroom to support him. Those attending included his grandmother and brother.
Another attorney for Cole, John Shoreman, declined to comment to the Washington Examiner before the hearing.
Outside the courthouse, former Proud Boys chairman Enrique Tarrio urged officials to drop the charges against Cole and fire Ballantine — a prosecutor who helped secure his own seditious conspiracy conviction.
Ballantine’s Justice Department work spans several administrations. But she is most known for prosecuting the Proud Boys case under then-U.S. Attorney Matthew Graves during the Biden administration, and now handles Cole’s prosecution under President Donald Trump.
“Drop these charges. Let Brian Cole Jr. go home to his family,” Tarrio said, addressing U.S. Attorney Jeanine Pirro.
“Jocelyn Ballantine should not be working for the Department of Justice tomorrow. She should be fired today, for cause,” he added.
A spokesman for Pirro responded to the Washington Examiner Thursday evening, saying, “A former defendant’s input regarding staff assignments in the United States Attorney’s Office is of no interest to us.” Trump said in December that Ballantine was “being looked at” by his administration, calling the Jan. 6 prosecutions a “Democrat hoax.”
Tarrio’s advocacy puts a recipient of Trump’s Jan. 6 pardon at odds with a prosecution brought under Trump’s administration. Cole was arrested on Dec. 4 at his family’s Woodbridge, Virginia, home last year after the case went unresolved for five years. Authorities say Cole confessed to planting the bombs during a post-arrest interview.
Cole told investigators he targeted both parties because “they were in charge,” describing frustration with “either party” over the 2020 election and political leaders’ response to voters’ grievances. He denied that the bombing attempt was directed at Congress or the following day’s election certification proceedings. Cole’s family has pointed out that he is diagnosed with autism, which was also backed by evidence submitted by his defense team, and his family maintains he is innocent.
The defendant’s attorneys are seeking to suppress his alleged confession ahead of trial, which is tentatively set for Feb. 15. Ali scheduled an arraignment and status conference for Oct. 1 at 2 p.m. Cole remains in custody, according to the minute entry.
ALLEGED JAN. 6 PIPE BOMBER BRIAN COLE JR.’S TRIAL SET FOR FEBRUARY
Ali previously rejected Cole’s argument that Trump’s clemency covered him. In his July 6 ruling, Ali concluded Cole had neither been convicted nor faced a pending indictment when Trump issued the proclamation, even assuming his alleged conduct was related to Jan. 6.
“Brian Cole Jr. is the last J6er in a cell,” Tarrio maintained despite that ruling. “The last one.”