Judge keeps Jan 6 pipe bomb suspect behind bars, citing public danger

A federal judge in the United States has denied pre-trial release for a man accused of planting two pipe bombs outside the headquarters of the Democratic and Republican parties on the eve of the January 6, 2021 Capitol riot.

On Friday, Magistrate Judge Matthew Sharbaugh ruled that 30-year-old Brian Cole must remain in custody, finding that no set of conditions could reasonably protect the public from the danger he allegedly poses.

Prosecutors from the Department of Justice say Cole confessed to placing explosive devices outside the Republican National Committee and the Democratic National Committee just hours before a mob of supporters of President Donald Trump stormed the US Capitol in an attempt to overturn the 2020 election results.

According to court filings, Cole told investigators he hoped the devices would explode and “hoped there would be news about it”.

“Mercifully, that did not happen,” Judge Sharbaugh wrote. “But if the plan had succeeded, the results,” he said, could have been devastating, “creating a greater sense of terror on the eve of a high-security Congressional proceeding, causing serious property damage in the heart of Washington, DC, grievously injuring DNC or RNC staff and other innocent bystanders, or worse.”

After his arrest last month, Cole told investigators he believed someone needed to “speak up” for people who thought the 2020 election, won by Democrat Joe Biden, was stolen. Prosecutors said he targeted the country’s two main political parties because they were “in charge”.

Trump and his allies had spent months baselessly claiming the vote was marred by widespread fraud, a position Trump has continued to maintain following his election victory in 2024.

Trump was later indicted for his role in fuelling the January 6 riot, which unfolded as Congress met to certify the election results. That case was dropped after his return to office in 2024, in line with longstanding Justice Department policy barring prosecution of sitting presidents.

After taking office, Trump pardoned more than 1,500 people convicted over their roles in the Capitol attack, including individuals found guilty of violent crimes.

Cole’s lawyers had asked the court to release him to home detention with GPS monitoring. They argued he has no prior criminal record, has been diagnosed with autism spectrum disorder and obsessive-compulsive disorder, and lived in a stable home with his parents in Woodbridge, Virginia.

“Mr Cole simply does not pose a danger to the community,” defence lawyers wrote. “Whatever risk the government posits is theoretical and backward-looking, belied by the past four years where Mr Cole lived at home with his family without incident.”

Prosecutors countered that Cole continued to purchase bomb-making components for months after the January 6 attack. They also said he told the FBI he planted the devices because “something just snapped”.

“The sudden and abrupt motivation behind Mr Cole’s alleged actions presents concerns about how quickly the same abrupt and impulsive conduct might recur,” Judge Sharbaugh wrote.

If convicted, Cole faces up to 10 years in prison on one charge and up to 20 years on a second charge, which also carries a mandatory minimum sentence of five years.