Ahead of alleged Jan. 6 pipe bomber’s Tuesday court appearance, attorneys urge judge to release him before trial

(NEW YORK) — Attorneys for the Virginia man charged with planting pipe bombs outside of the Republican National Committee and Democratic National Committee headquarters the night before the Jan. 6, 2021, riot at the U.S. Capitol are urging a judge to release him pending trial, arguing the government has presented no evidence that shows he poses a danger to the general public.

In a late-night filing on Monday, suspect Brian Cole Jr.’s attorneys said the “government-induced excitement” around Cole’s arrest earlier this month is both premature and potentially in violation of local court rules.

The filing came ahead of Cole’s scheduled court appearance on Tuesday afternoon for a detention hearing.

Cole, of Virginia, was arrested by federal authorities earlier this month following a massive probe that had stymied investigators for almost five years. He appeared in court on Dec. 5, where a judge detailed the two charges he currently faces. The charges carry a maximum sentence of up to 30 years if he is convicted.

Cole, who has not entered a plea, allegedly told investigators in a lengthy confession that he wasn’t targeting the joint session of Congress that was convening to certify former President Joe Biden’s election win, according to previous court filing from the Department of Justice.

After Cole saw himself on the news in videos released by the FBI seeking tips on his identity, he said in the interview that he discarded all of his bomb-making materials at a nearby dump and said he never told anyone about his actions in the nearly five years since Jan. 6, according to the filing. The filing also notes that over the past years he appeared to wipe data from his personal cellphone “nearly one thousand times.” 

Prosecutors included the alleged details of Cole’s confession in a filing urging a judge to keep him detained pending trial, arguing his alleged actions and choice of the DNC and RNC as targets “demonstrates the extreme and deeply dangerous nature of his conduct.”

In their Monday filing, Cole’s attorneys specifically pointed to statements made by D.C. U.S. Attorney Jeanine Pirro in an exclusive interview with ABC News Chief Justice Correspondent Pierre Thomas following their client’s arrest in which they argue she improperly commented on the merits of the government’s case.

They further claim that the government’s inclusion of Cole’s alleged confession to planting the bombs in their detention memo Sunday may have also violated his rights.

While Cole’s attorneys didn’t specifically deny any of the allegations put forward by the government about Cole’s conduct, they used their filing Monday to dispute that prosecutors have made any clear showing he presents a danger to the public.

According to the filing, Cole has been diagnosed with autism spectrum disorder as well as obsessive compulsive disorder and has no criminal history.

His attorneys said he would submit to house arrest and wearing an ankle monitor if required, though they argue the government hasn’t proven he poses any risk of fleeing prosecution.

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