A Virginia man accused of planting two pipe bombs outside the headquarters of the Republican and Democratic parties ahead of the Jan. 6, 2021, U.S. Capitol riot appeared in court Tuesday as a judge considered whether he should remain in custody pending trial.
U.S. Magistrate Judge Matthew Sharbaugh did not immediately rule on whether to release Brian Cole, 30, but said he would issue a decision expeditiously.
Federal prosecutors argued that Cole poses a serious danger to the community and should remain detained. Cole faces two criminal charges related to the alleged placement of improvised explosive devices near the Republican National Committee and Democratic National Committee offices in Washington, D.C. He has not yet entered a plea.
During the hearing, Judge Sharbaugh disclosed that prosecutors obtained an indictment from a grand jury convened in the District of Columbia Superior Court, raising questions about the use of a local grand jury to charge federal offenses. A recent ruling by a U.S. district judge held that federal courts must accept such indictments, though that decision is currently under appeal. Because of the ongoing legal dispute, Sharbaugh did not immediately accept the indictment.
In court filings, the Justice Department said Cole confessed to building the devices, filling them with explosive material, and setting timers. Prosecutors said the devices were viable but did not detonate, and argued Cole avoided detection for years while his actions created widespread fear.
The bombs were planted on the night of Jan. 5, 2021, and discovered the following afternoon as law enforcement responded to the breach of the U.S. Capitol. Authorities arrested Cole earlier this month following an investigation that examined cellphone records, purchasing history, and vehicle data.
According to prosecutors, Cole told investigators he traveled to Washington to attend a protest related to the 2020 presidential election and later said he targeted political parties because “they were in charge.” He denied that his actions were directed at Congress or related to the certification of election results.
Cole’s attorneys argued that he should be released pending trial, citing his lack of criminal history and the absence of any incidents in the years since the alleged offense. They also disputed whether the devices would have detonated and said there is no evidence he poses a continuing threat.
Defense lawyers said Cole has been diagnosed with autism spectrum disorder and obsessive-compulsive disorder, and proposed home detention with GPS monitoring under family supervision. They also requested that the court order prosecutors to turn over any statements Cole made to investigators.
Cole lives in Woodbridge, Virginia, and works at a bail bonds office, according to court records. His attorneys said he could return to work if released.
