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A federal trial is set for Feb. 16 for a Virginia man identified only as Cole who is accused of placing two explosive devices outside the national headquarters of both major political parties the night before the Jan. 6 Capitol attack. The case is drawing attention because a judge has already ruled that former President Donald Trump’s mass pardons for Jan. 6 defendants do not shield Cole from prosecution.
U.S. District Judge Amir Ali announced the trial date during a brief hearing; the proceeding is expected to run about two weeks. Defense attorney Zachary Lawson told the court that prosecutors and defense lawyers have not yet engaged in plea negotiations.
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Last Monday, Judge Ali denied a motion to dismiss the indictment, concluding that the sweeping clemency actions issued by former President Trump do not extend to Cole. Ali, a Biden nominee, found the pardons applied only to people who had been convicted of Jan. 6-related offenses and therefore did not cover Cole’s charges.
Defense lawyers argued their client’s alleged conduct was closely tied to the events at the Capitol and should be covered by the broad grant of clemency. The court disagreed, allowing the prosecution to proceed.
Prosecutors say Cole confessed to FBI agents after his arrest. He was taken into custody nearly a year after Trump issued pardons, commutations and orders to dismiss cases for more than 1,500 people charged in connection with the Jan. 6 attack.
What Cole is charged with
Authorities allege Cole placed two devices outside the Republican National Committee and Democratic National Committee headquarters on the evening before the Capitol breach. Neither device detonated; both were discovered by law enforcement on Jan. 6.
- Interstate transportation of explosives — carrying explosive materials across state lines.
- Malicious intent to use explosives — alleged plan to employ explosive devices to cause harm or disruption.
- Act of terrorism while armed — a terrorism-related charge tied to the presence of weaponry or explosives.
- Attempted use of a weapon of mass destruction — an allegation the devices were intended as weapons of mass destruction.
The grand jury returned the four-count indictment after investigating the devices and the circumstances surrounding their placement.
Why the case matters now
The proceedings test legal limits around presidential pardons and how courts interpret blanket clemency tied to a specific event. By ruling that the pardons did not automatically bar prosecution of individuals not yet convicted, the judge set a precedent that could influence other pending Jan. 6-related cases.
Separately, the nature of the charges — including terrorism and weapons-of-mass-destruction counts — places this matter in a different legal category from many of the obstruction and trespass cases that followed Jan. 6. That distinction may affect both pretrial motions and the trial strategy for both sides.
The trial is scheduled to begin Feb. 16; additional pretrial proceedings are likely as both sides prepare for what prosecutors describe as a complex federal case.
