DOJ argues in court that DC pipe bomb suspect is not covered by Trump's Jan. 6 pardon proclamation

Lawyers for the defendant, Brian Cole Jr., filed a motion of dismissal arguing that he should be exempt from the charges based on President Trump’s pardons of some 1,500 people involved in the events at the Capitol.

Published: April 10, 2026 3:58pm

The Department of Justice (DOJ) is pushing back against a motion filed by the man charged with planting two pipe bombs outside the Republican National Committee and the Democratic National Committee headquarters the night before the January 6, 2021, protests and riot at the U.S. Capitol.  

Lawyers for the defendant, Brian Cole Jr., filed a motion of dismissal arguing that he should be exempt from the charges based on President Trump’s pardons of some 1,500 people involved in the events at the Capitol. 

But the DOJ pushed back on Friday, arguing that Cole is “categorically excluded” from Trump’s “clear and unambiguous terms” of his proclamation, according to The Hill

“The defendant ignores that the proclamation expressly limited relief to individuals who had been ‘convicted of,’ or had a ‘pending indictment’ for, offenses related to the events at or near the United States Capitol on January 6,” wrote U.S. Attorney for the District of Columbia Jeanine Pirro in the court filing. 

She further said that when Trump’s pardons went into effect on January 20, 2025, the day he was inaugurated for the second time, “the defendant belonged to neither category, and so the proclamation has no bearing on this case.” 

That first day, Trump pardoned more than 600 people facing charges for their actions and alleged actions during the Jan. 6, 2021, riot. 

Cole wasn’t arrested until December 2025. He was indicted in January on two counts of possessing an explosive device and a malicious attempt to use them. Though the bombs didn’t explode, they were functional and viable, according to the FBI.  

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