Jan. 6 DC pipe bomb suspect due in court as defense seeks his release

Jan. 6 DC pipe bomb suspect due in court as defense seeks his release

The suspect charged in connection with the Jan. 6 pipe bomb investigation is due in federal court Tuesday, as his attorneys argue he should be released while the case moves forward. According to a motion filed overnight, defense attorneys for 30-year-old Brian J. Cole Jr. are asking for his release ahead of trial. The filing also claims there was "government-induced excitement" surrounding his arrest.

WASHINGTON, D.C. - The suspect charged in connection with the Jan. 6 pipe bomb investigation is due in federal court Tuesday, as his attorneys argue he should be released while the case moves forward.

What we know:

According to a motion filed overnight, defense attorneys for 30-year-old Brian J. Cole Jr. are asking for his release ahead of trial. The filing also claims there was "government-induced excitement" surrounding his arrest.

The court appearance is scheduled to take place at the U.S. District Court in Washington, D.C., where a detention hearing is set for 1 p.m.

Court filings and evidence

As FOX 5 DC previously reported, a recent Department of Justice memo states that Cole gave investigators a confession after waiving his Miranda rights. That memo quotes Cole expressing doubts about the 2020 presidential election results and targeting the nation’s two major political parties.

After the memo was made public, Cole’s defense attorneys filed their own court motion, demanding copies of any audio or video recordings of the alleged confession. They are also requesting all additional evidence prosecutors plan to use against him.

Brian Cole Jr.

The defense’s argument

Defense attorneys argue Cole does not pose a danger to the community. In their filing, they submitted several character letters and said the alleged actions are "not like him."

Attorneys also cited Cole’s mental health history, noting he has no prior criminal record, has a job waiting for him, and that no one was physically harmed. They argue Cole would comply with court monitoring if released.

Expert perspective

FOX 5 DC spoke with a former federal prosecutor about the defense strategy.

"So good defense attorneys, they really parse through the timing of the arrest, the statements that were made by both law enforcement and the suspect to try to poke holes in the Miranda warnings and the waiver to get any statements tossed," said Neama Rahmani, a former federal prosecutor.

Lawyers demand evidence of alleged DC pipe bomber's confession

Prosecutors’ position

In the DOJ filing, prosecutors say Cole initially denied involvement, telling investigators he drove to Washington on Jan. 5, 2021, to attend a protest.

According to prosecutors, Cole later admitted to the crime, saying he wanted to target the Democratic and Republican national committees because "they were in charge."

Investigators also allege Cole wiped his phone more than 900 times during the nearly five-year investigation.

Prosecutors note that had the devices detonated, people could have been seriously hurt.

What's next:

A federal judge is expected to hear arguments from both sides during Tuesday’s 1 p.m. detention hearing.