New: Court Orders Accused J5 Pipe Bomber Detained Ahead of Trial

Following his arrest for allegedly constructing and planting pipe bombs outside the DNC and RNC headquarters on January 5, 2021, 30-year-old Brian Cole Jr. has remained in federal custody, awaiting his trial on the matter.

In advocating for his continued detention, the office of the U.S. Attorney for the District of Columbia filed a memorandum setting forth in detail the evidence underlying the charges brought against him, in addition to statements it alleges Cole made when confessing to the crime.

Breaking: FBI Arrests Suspect in Jan 6 RNC/DNC Pipe Bomb Case

A detention hearing was held on Tuesday, and now, Magistrate Judge Matthew Sharbaugh has issued his ruling, determining that Cole should remain detained pending trial. The decision is 19 pages long and sets forth the rationale for Cole's continued detention in fairly straightforward fashion. (Straightforward, at least, as far as judicial opinions go — for those interested in a solid example of non-convoluted judicial speak, it's a good read in this author's opinion.)

In a nutshell, Sharbaugh finds that the nature of the charged offense, pursuant to the Bail Reform Act, triggers a presumption in favor of detention, and that the factors the court is called upon to consider further weigh in favor of Cole's detention. It's not that Cole presents a flight risk, but rather that he presents a danger to the community.

Following are some of the key excerpts from the opinion — including an interesting little nugget (bolded) regarding Cole's reported confession:

According to the government’s characterization of the video-recorded interview—a characterization the defense did not contest as part of the detention proceedings, whether in its written submissions or during the detention hearing—the following transpired.
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Applying these principles here, the Court concludes that this case implicates a rebuttable presumption of detention. And even assuming Mr. Cole rebutted that presumption, the government has shown by clear and convincing evidence that there are no conditions of release that can reasonably assure the safety of the community.
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The charged offenses are undeniably serious as a general matter. To simply describe them is to demonstrate as much. More, the U.S. Code prescribes significant penalties for these specific criminal offenses.
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Further, the specific circumstances by which the offenses are alleged to have been carried out—including the timing and broader context—further amplify their severity.
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Even still, the defense strives to minimize the offenses because the IEDs never detonated, such that nobody was injured and no property was damaged. The Court finds that point decidedly unpersuasive. As the government appropriately observes (see ECF No. 17 at 20), “it was luck, not lack of effort,” that caused the devices not to detonate.
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After all, Mr. Cole reportedly stated that he planted the devices—one of them underneath a public bench, no less—hoping they would detonate and that there would be news about it. Mercifully, that did not happen. But if the plan had succeeded, the results could have been devasting: creating a greater sense of terror on the eve of a high-security Congressional proceeding, causing serious property damage in the heart of Washington, D.C., grievously injuring DNC or RNC staff and other innocent bystanders, or worse.
Simply put, the nature and circumstances of the charged offenses here are gravely serious, so this factor points strongly toward pretrial detention.

Additionally, the court found that the fact that Cole allegedly continued purchasing materials needed to construct explosive devices after he planted the J5 devices — and the relative speed with which he claimed to have assembled the devices planted — counseled in favor of his remaining in custody.

But there is more. Because as the government’s proffer shows, after January 5, 2021, Mr. Cole reportedly purchased many of the same parts used in the explosive devices—including metal pipes, end caps, wire, steel wool, a timer, and more. (ECF No. 17 at 11 (chart).) These purchases spanned at least a dozen different transactions between January 21, 2021, and August 13, 2022. This evidence undercuts the suggestion that Mr. Cole’s alleged conduct was some anomalous event that occurred only once many years ago. Instead, for at least the better part of two years afterward, Mr. Cole reportedly engaged in the same activity leading up to the offense conduct, amassing the same sorts of parts he used to construct the two explosive devices giving rise to these charges.
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His ongoing retention of and access to the same components used to construct the explosive devices recovered outside the DNC and RNC headquarters in January 2021 raise substantial red flags in the Court’s mind about a prospective risk to public and community safety.
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Although home incarceration and a GPS monitor would provide some check against Mr. Cole’s ability to carry out any menacing or dangerous conduct in the community, the Court is simply not satisfied these conditions rise to the necessary level for the reasons explained. This is particularly true based on the severity of the potential danger Mr. Cole is alleged to pose, given his alleged persistent acquisition and retention of so-called “bombmaking parts,” and given his reported penchant and capacity to create explosive devices and deploy them in public settings.

So, Brian Cole Jr. will remain in custody pending his trial. He has not yet entered a plea in the case, and it is possible he will reach some sort of plea agreement with the government rather than proceeding to trial.

RedState will continue to monitor the case and report on any further developments as warranted.

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