Pipe-bomb prosecutors ‘reckless’ for insinuating Brian Cole’s family was involved, attorney says

The defense team for Jan. 6 D.C. pipe-bomb suspect Brian Cole Jr. accused the U.S. Department of Justice of being “reckless” by insinuating that Cole’s sister and grandmother were somehow involved in the crime.

Defense attorney J. Alex Little filed an 11-page rebuttal of the DOJ's recent 39-page opposition memo, which seeks to prevent Cole’s release from jail pending trial.

‘It is an unjustified deprivation of liberty.’

Oral arguments on the question were held before U.S. District Judge Amir Ali on Jan. 28. The judge said he would issue a ruling later. On Jan. 16, Judge Ali denied an emergency motion for Cole’s release from custody. The judge set a status hearing for Feb. 27.

Cole was arrested Dec. 4 on a criminal complaint alleging that he planted pipe bombs behind the Democratic National Committee building and near the Republican National Committee building between 7:54 p.m. and 8:16 p.m. on Jan. 5, 2021. In January 2026, he was indicted by a federal grand jury and charged with two explosives-related crimes.

‘Resorts to insinuation’

Near the end of its Jan. 23 memo opposing Cole’s release from jail pending trial, the DOJ mentioned that Cole’s sister texted her mother that she was going into D.C. on Jan. 5, 2021. Brittany Cole texted her mother that her grandmother cautioned her there could be protests.

“Unable to identify an actual, present threat, the government resorts to insinuation. It closes its response by suggesting that Mr. Cole’s sister and grandmother may have been involved in the charged conduct,” Little wrote.

“Its proof? Text messages showing that Mr. Cole’s sister — a club promoter who frequently works in Washington D.C. — told her mother she was going to the city, and that her grandmother had warned it might be crowded,” he wrote.

The DOJ memo also mentioned that Cole sent texts to his mother in the days leading up to Jan. 6. There was no mention of the content of those messages. Little said this reference baselessly suggested something nefarious.

A federal grand jury charged Brian Cole Jr. with two explosives-related charges, alleging he planted pipe bombs on Capitol Hill on Jan. 5, 2021. FBI, Prince William County photos

The DOJ said Cole’s sister texted their mother at 4:17 p.m. Jan. 5, writing: “I’m going to dc…Grams said it may be crazy out there so I was just letting you know.” The sister “sent a text message to the defendant a few hours earlier, at approximately 12:39 p.m. on Jan. 5,” the DOJ memo read.

“That is not evidence of involvement. Nor is it evidence of dangerousness,” Little countered. “It is family checking in with each other. The government’s decision to publicly imply, with no factual basis, that these private citizens are connected to domestic terrorism is reckless and reveals how little actual evidence it has that Mr. Cole poses a continuing danger.”

Brittany Cole provided an affidavit on Jan. 27 stating that her job as a concert promoter took her to D.C. that afternoon and that her trip had nothing to do with Jan. 6 or the crimes her brother is accused of.

‘Unable to identify an actual, present threat, the government resorts to insinuation.’

“As part of my work, I routinely had meetings and would attend events in the Washington D.C. area,” she wrote. “I attended these meetings and events as a networking event for my work and the nightclubs I marketed before.”

Tim Lauer, director of external affairs at the U.S. Attorney’s Office for the District of Columbia, told Blaze News, “When a defendant claims he should be released into the custody of his family, there will inevitably be a court discussion about the appropriateness of that release.”

For nearly a month, the two sides in the pipe-bombs case have argued whether Cole should be held behind bars until trial. The government insists that Cole is so dangerous that no combination of supervision or monitoring could adequately protect the public.

The DOJ said Cole had purchased other items besides the alleged bomb-making components used for the pipe bombs. This included a pressure cooker on July 25, 2020, a funnel and canning jar on Jan. 28, 2021, nails on Feb. 10, 2021, four alarm clocks and duct tape on March 28, 2020, and three analog wristwatches in 2020 and 2021.

Little said the pressure cooker was purchased to cook meals and was not some kind of bomb component.

“Mr. Cole explained during his interrogation that he bought it for the house for cooking, and there is no evidence it has ever been used for anything else,” Little wrote, noting that “millions of Americans own pressure cookers.”

Police walked right past DNC pipe bomb to first look under a bush where bomber sat 17 hours earlier. Photos by U.S. Capitol Police

“The government’s inclusion of this item in a list of purported ‘bomb-making components’ is the kind of innuendo that pervades its argument — suggestive without context but unsupported by any actual evidence,” Little said.

In numerous filings with the court, the DOJ said Cole “used beaker sets to conduct another science experiment to create potassium chlorate,” a chemical “oxidizing agent commonly used in explosives.” This experiment was done sometime after Jan. 5, the DOJ said.

Little said the DOJ “has the timeline wrong.”

‘There is significant evidence of the defendant’s continued interest in bomb-making.’

“This experiment occurred years before the charged conduct, not after,” Little wrote. “During his interview, Mr. Cole described the experiment in detail: He used beakers and got bleach on the carpet. The government’s own discovery confirms that the beakers the government describes were purchased in 2018.”

Cole’s mother, Delicia Cole, provided an affidavit stating, “In or before 2018, while living in my home, Brian attempted a science experiment to create homemade ‘rocket fuel.’” Her son’s attempt to make rocket fuel “was an innocuous science experiment without any ill intent,” Delicia Cole wrote.

Little said the DOJ has provided no forward-looking evidence of Cole being a danger to society. He said his client is willing to be placed under the strictest release conditions, including home detention and GPS monitoring.

“Mr. Cole’s alleged conduct occurred more than five years ago. He has done nothing dangerous since,” Little wrote. “He has no criminal history, strong community ties, and family — including a retired law enforcement officer — willing to ensure his compliance.”

‘Deprivation of liberty’

Given Cole’s willingness to submit to comprehensive release conditions, Little said that continued detention of his client “is not the ‘carefully limited exception’ the Constitution requires — it is an unjustified deprivation of liberty.”

The DOJ cited Cole’s alleged history of purchasing bomb-making components, his alleged confession, and a nearly five-year effort to avoid law enforcement as factors showing he is a danger to society and must remain in custody.

“There is significant evidence of the defendant’s continued interest in bomb-making, and there are concrete reasons to doubt that the defendant will abide by release conditions or that a third-party custodian will effectively monitor him,” Assistant U.S. Attorney Charles R. Jones wrote in a memo opposing Cole’s release.

“On this record, and given the statutory presumption of detention, there is clear and convincing evidence that no combination of conditions will reasonably assure the community’s safety if the defendant is released,” Jones wrote.

A U.S. Capitol Police bomb robot (center) responds to the Democratic National Committee building on Jan. 6, 2021. Photos by FBI, U.S. Capitol Police

Little scoffed at the idea that his client evaded law enforcement for nearly five years.

“The government paints him as a criminal mastermind who engaged in a sustained effort to avoid apprehension. But the government’s own evidence tells a different story,” Little wrote.

While the DOJ said Cole “wiped” his Samsung cell phone more than 940 times, Little said that began 18 months after Jan. 5. “If Mr. Cole were trying to destroy evidence of the January 5, 2021, offense, one would expect the wiping to begin immediately afterward, not 18 months later,” Little said.

“The government’s own discovery shows that Mr. Cole purchased CCleaner, an application that advertises its ability to make phones and computers operate faster by cleaning out junk files,” Little wrote. “According to Mr. Cole’s interview, he understood it to be antivirus software.

“According to the government, beginning in July 2022, he started compulsively using the cleaning function — a pattern consistent with his documented OCD.”

The defense submitted an affidavit of Maryland neuropsychologist David O. Black, who said he diagnosed Cole with autism spectrum disorder, level 1, and obsessive-compulsive disorder.

“Over the past several years, Mr. Cole has repetitively wiped his phone of junk files,” Black wrote. “Repetitive behavior of this nature is consistent with behavior that is often seen in obsessive-compulsive disorder.”

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