Suspected DC Pipe Bomber May Have a Card to Play

If Brian Cole is ultimately convicted as the person who placed pipe bombs in Washington, DC, the night before the Capitol riot, he may have an argument to make about avoiding prison. A Politico analysis suggests he is covered by President Trump's pardon of Jan. 6 participants. The issue is the sweeping nature of Trump's language in that proclamation, which granted "a full, complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021."

Trump and Attorney General Pam Bondi would surely object to any pardon of Cole, but the analysis by Ankush Khardori says that's irrelevant. The only thing that matters is the actual text of the pardon, "not the subjective intention of the president or the DOJ's interpretation of it." The Justice Department is brushing off questions about the possibility, but Khardori suggests they are taking pains in court not to link Cole to the Jan. 6 unrest, a sign that they are, in fact, worried.

So far, Cole's attorneys have not tipped their hand about a possible pardon defense, but that could change. In a CNN interview, former federal prosecutor Mike Gordon has a similar take to Khardori's. "The pardon language is expansive," he notes, adding that he would have immediately filed a motion to dismiss because of it. Cole has said he believed the 2020 election was stolen and was upset with both parties.