After a nearly two-hour court hearing, a federal judge in Washington, D.C., did not rule Tuesday on whether the man accused of placing two pipe bombs at Democratic and Republican national committee headquarters the night before the U.S. Capitol riot will remain in custody pending trial.
Judge Matthew J. Sharbaugh said he would issue a written order in the next day or two after he further reviews the filings from prosecutors and the defense team. Attorneys for Brian Cole Jr. are seeking his release as he awaits trial and said they are willing to comply with house arrest or an ankle monitor. Federal prosecutors argue that Cole should remain in custody because he poses a threat to the community.
Cole, 30, was arrested at his Woodbridge, Virginia, home earlier this month for allegedly planting the pipe bombs, marking a significant breakthrough in an almost five-year investigation.
He was charged with transporting an explosive device in interstate commerce with intent to kill, injure, intimidate or destroy property, and attempted malicious destruction by means of fire and explosive materials, according to charging documents. Cole has yet to enter a plea.
In the courtroom Tuesday, Cole wore a tan jumpsuit as he sat quietly and attentively throughout the hearing. Members of Cole’s family were in the courtroom. His grandmother Loretta Coll was called to the stand as a possible third-party custodian.
The arguments on Cole’s detention largely mirrored those previously laid out by the defense and government.
Ahead of Tuesday’s hearing, prosecutors filed a memo seeking pretrial detention for Cole and gave details about the suspect’s alleged motives in the case. They said that Cole gave an hourslong videotaped confession in an interview with FBI officials explaining why he allegedly placed the pipe bombs.
Cole’s defense team did not address the alleged confession in any significant way.
In court, prosecutors Charles Jones and Jocelyn Ballantine said that Cole had “wiped” his phone a total of 943 times, sometimes multiple times per day, citing it as evidence of “deception.”
The viability of the pipe bombs was also brought up at the hearing. Prosecutors said an expert had determined that the pipe bombs were viable and could have killed people. Cole’s defense team rejected the claim and noted that the bombs had never exploded.
The court hearing took longer than expected as the first 20 minutes centered on discussion about an indictment Monday against Cole by a grand jury at D.C. Superior Court. The indictment charged Cole with the two counts he faces in the federal complaint. Sharbaugh said he did not believe he had the power to accept the indictment from the local grand jury.
The unsolved case had fueled conspiracy theories about who had planted the bombs the night before a mob of pro-Trump supporters stormed the Capitol on Jan. 6, 2021, seeking to overturn Joe Biden’s victory in the 2020 presidential election. According to the memo, Cole told investigators that he believed someone needed to “speak up” for people who believed the election was stolen and that he wanted to target the country’s political parties because they were “in charge.” There is no evidence that there was widespread voter fraud during the 2020 election.
Prosecutors also said Cole had denied that his alleged actions were “directed toward Congress or related to the proceedings scheduled to take place on Jan. 6, 2021.”
In court, Cole’s attorneys Mario Williams and John Shoreman reiterated that Cole had been diagnosed with a mild form of autism with “obsessive compulsive behavior” but said that he is not a flight risk.
Before Cole’s Dec. 4 arrest, authorities showed video of a pipe bomb suspect wearing gloves, a face mask and a hoodie. Investigators spent years digging through evidence and tips in an effort to capture him. Authorities said that during a search of Cole’s car and home, investigators found bomb-making components.
At the hearing, prosecutors alleged that Cole continued to purchase bomb-making materials through 2022.
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