Prominent conservatives are pressing the Trump administration to drop the last active federal prosecution tied to January 6, arguing that Brian Cole Jr., the man accused of planting pipe bombs outside the Republican and Democratic national committees, was framed even as President Donald Trump's Justice Department continues pursuing the case.
Cole has pleaded not guilty and is scheduled to stand trial in February. The FBI says he confessed after his arrest, while his lawyers are expected to challenge that confession, citing his autism diagnosis or arguing that he was coerced, NBC News reported.
The prosecution has created a divide between the administration and some of Trump's supporters. Republican Rep. Thomas Massie of Kentucky has accused officials involved in announcing Cole's arrest of being "complicit" in concealing the identity of the real perpetrator. Former Proud Boys leader Enrique Tarrio, whose 22-year sentence for seditious conspiracy was commuted by Trump, has also called for the case to be dropped.
"I think they should drop the case," Tarrio told NBC News after attending a recent court hearing wearing a "Brian Cole Did Nothing Wrong" shirt. "He's a J6er."
Cole is accused of placing two viable pipe bombs near the RNC and DNC headquarters on Jan. 5, 2021. Neither device exploded. Prosecutors say Cole told investigators he had become consumed by conspiracy theories surrounding the 2020 election and that "something just snapped."
His lawyers previously argued that Trump's sweeping Jan. 6 clemency should cover him because the alleged conduct was connected to the events at the Capitol. U.S. District Judge Amir Ali rejected that argument in July, ruling that the pardons applied to people convicted of or facing charges related to the Jan. 6 attack. Cole was not charged until nearly a year after Trump issued the pardons.
Cole's case remains active after the administration dismantled the remaining prosecutions arising directly from the Capitol attack. In August, Judge Amit Mehta granted the Justice Department's request to dismiss cases against Oath Keepers members convicted of seditious conspiracy, despite saying he strongly disagreed with the decision.
Trump's clemency actions and subsequent Justice Department dismissals effectively ended prosecutions of more than 1,500 Jan. 6 defendants, leaving Cole's pipe-bomb case as an exception.
