No Pretrial Release for Jan. 5 Capitol Pipe Bomber

A federal judge has refused to order the pretrial release of a man charged with placing two pipe bombs near the national headquarters of the Democratic and Republican parties on the eve of the Jan. 6, 2021, protest at the U.S. Capitol.

U.S. District Judge Amir Ali ruled on Thursday that Brian J. Cole Jr. must remain in jail while awaiting trial.

Ali upheld a decision by U.S. Magistrate Judge Matthew Sharbaugh, who ruled on Jan. 2 that no conditions of release can reasonably protect the public from the danger that Cole allegedly poses.

Cole, 30, pleaded not guilty to making and planting two pipe bombs outside the Republican National Committee and the Democratic National Committee headquarters in Washington, D.C., on the night of Jan. 5, 2021.

Cole, who lived with his parents in Woodbridge, Virginia, has been diagnosed with autism and obsessive-compulsive disorder. His attorneys say he has no criminal record.

Cole has remained jailed since his Dec. 4 arrest. Authorities said they used phone records and other evidence to identify him as a suspect in a crime that confounded the FBI for over four years.

Prosecutors said Cole confessed to trying to carry out “an extraordinary act of political violence.” Cole told investigators that he was unhappy with how leaders of both political parties responded to “questions” about the 2020 presidential election — and said “something just snapped,” according to prosecutors.

“While the defendant may have reached a psychological breaking point, his crimes were anything but impulsive,” they wrote. "Indeed, the defendant’s pipe bombs — and the fear and terror they instilled in the general public — were the product of weeks of premeditation and planning."

Defense attorneys asked for Cole to be freed from jail and placed on home detention with electronic monitoring.

They said a defense expert concluded that the devices found near the RNC and DNC headquarters were not viable explosive devices.

“In fact, there was no possibility of death, injury or destruction as the devices were harmless,” they wrote.

If convicted of both charges against him, Cole faces up to 10 years of imprisonment on one charge and up to 20 years of imprisonment on a second charge that also carries a five-year mandatory minimum prison sentence.