Federal prosecutors have filed additional felony charges against the suspect accused of placing pipe bombs near the Republican and Democratic National Committee offices the night before the Jan. 6, 2021, Capitol breach, according to a newly released superseding indictment.

Brian Cole Jr., taken into custody in December, was initially charged with transporting and planting the explosive devices. The updated indictment adds counts of attempting to use weapons of mass destruction and carrying out an act of terrorism while armed.

The devices ultimately did not explode, but the FBI has stated they were capable of doing so. Investigators had pursued leads in the case for years before identifying a suspect.

Cole has entered a not guilty plea to the original charges but has yet to appear in court on the newly filed counts. He remains in custody after a judge ordered his detention earlier this year ahead of trial proceedings.

According to court filings, investigators said Cole expressed concerns about the 2020 election, telling authorities that he believed it had been tampered with and that "someone needs to speak up." Officials also said that during an extended interview, he "walked the interviewing agents in detail through his construction, transportation, and planting of the pipe bombs."

Prosecutors have indicated that Cole told investigators he did not intend to target lawmakers gathering to certify the Electoral College results on Jan. 6, when the proceedings were disrupted.

Court records further state that Cole described himself as not aligned with either major political party and not a "political person." However, after the election, "when it first seemed like something was wrong" and "stuff started happening," he began following developments online and said he felt "bewildered."

Authorities allege he acquired materials used to construct the explosive devices between 2018 and 2020.

Defense attorneys argued in a recent filing that the case should be dismissed, contending the charges are "inextricably and demonstrably tethered" to Jan. 6 and fall under pardons issued by President Donald Trump.

Federal prosecutors reportedly rejected that argument, stating the pardons do not apply in this case.

CBS News reported that prosecutors said the proclamation was limited to individuals who had been "convicted of" or had a "pending indictment" connected to events at or near the Capitol Building that day.

"On January 20, 2025, the defendant belonged to neither category, and so the proclamation has no bearing on this case," the Justice Department wrote.

Prosecutors also emphasized that when the pardons were issued on Jan. 20, 2025, "law enforcement had not identified the defendant, much less charged or convicted him, and the pipe bombs investigation proceeded unabated."

A federal judge has not yet set a date to hear the motion to dismiss. The next court appearance, a status hearing, is scheduled for April 21, according to CBS.

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