Lawyers for the mancharged with planting pipe bombsnear the Republican National Committee and Democratic National Committee headquarters on Jan. 5, 2021, said in a new court filing that he should be covered by President Donald Trump'sblanket pardon of Jan. 6 defendants.
The attorneys for Brian Cole maintained his innocence but also argued that if he did place the pipe bombs, Trump's pardon of people involved in "events…at or near the United States Capitol on January 6, 2021" would cover his alleged actions.
"The devices at issue in this case were discovered and neutralized on the afternoon of January 6, 2021, at the national party headquarters on Capitol Hill—literally 'at or near' the United States Capitol—as the day's larger events unfolded," attorney Mario Williams wrote in a motion to dismiss the case.
Williams argued that, like many of the Jan. 6 defendants, Cole was "motivated by grievances about the 2020 presidential election," adding that his grievances were "directed at the headquarters of the two national political parties on Capitol Hill," with the timing of "the January 6 certification of the electoral college vote."
Cole's lawyers compare him to two Jan. 6 defendants in particular — Kenneth Harrelson and David Dempsey.
Dempsey, who received a 20-year prison sentence and was described by federal prosecutors as "one of the most violent" rioters, was covered by the pardon. Harrelson was sentenced to two years in prison for transporting firearms and ammunition into Washington. His sentence was also commuted.
"If Harrelson received a commuted sentence for transporting firearms and ammunition for use against our government, then the government seems to be wasting our time trying to convict Mr. Cole for allegedly transporting explosive materials to the D.C. area," Williams wrote, adding that Cole's devices did not explode or injure anyone.
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"On the government's own narrative, Mr. Cole's alleged conduct is not at the margins of the Pardon; the alleged conduct sits at its center," Williams wrote, adding that "there is no serious dispute" that Cole's alleged conduct is treated differently from the definition of the Jan. 6, 2021, events in Trump's pardon.
Cole's attorneys said all of the alleged activity is tied to downtown Washington and the congressional certification of the 2020 presidential election results on Jan. 6.
"The government's own narrative also squarely places Mr. Cole's alleged actions in the political and temporal setting of January 6, 2021," the lawyers wrote.
The White House did not immediately respond to a request for comment on the arguments, and whether Trump's pardon was intended to cover defendants like Cole.
Trump issued his pardon at the beginning of his second term in office. Cole was charged almost a year later.
Cole was arrested on Dec. 4 and charged with transporting an explosive device and attempted malicious destruction by means of explosive materials. Federal prosecutorssaid in a request to keep Cole behind bars as he awaits trial that Cole felt"extreme acts of violence" were justified because "they were in charge," expressing dislike for both political parties.
A judge in January ordered that Cole remain detained ahead of his trial, ruling that he posed a"potential danger"to the public. His lawyers had submitted a motion for his release, citing anautism diagnosis.