Judge rejects that alleged perpetrator of the January 6 bomb attack is protected by Trump's pardon
The Court concludes that presidential clemency only benefits people already convicted of the events at the Capitol
A federal judge ruled that Brian Cole Jr., accused of placing two homemade bombs near the headquarters of the Republican and Democratic parties before the assault on the Capitol, cannot benefit from the pardons granted by President Donald Trump to those involved in the riots of January 6, 2021.
The decision represents a setback for Cole's defense, which sought to have the charges dismissed by maintaining that his actions were directly related to the events that led to the attack on the US Congress.
However, the court concluded that the presidential proclamation does not cover his case, according to court documents filed in federal court.
The court limits the scope of the pardon
Federal Judge Amir Ali explained that the text of the pardon signed by Trump expressly establishes that the measure applies only to people who had already been convicted of crimes related to the events of January 6.
The magistrate recalled that Brian Cole Jr. had not even been impeached when Trump issued the presidential proclamation, so he does not meet the requirements established in the document.
The defendant's lawyers argued that the bombs were placed on January 5, 2021, but discovered a day later, during the attack on the Capitol, so they considered that the events were part of the same political controversy derived from the 2020 presidential elections.
Accusations include terrorism and explosives
According to the Department of Justice (DOJ), Cole faces charges of interstate transportation of explosives and malicious attempt to use explosives. Later, the Prosecutor's Office added accusations of terrorism and possession of weapons of mass destruction.
Although the devices never exploded, the FBI maintains that they were fully functional and posed a real risk to the population.
The accused pleaded not guilty to all charges and will continue to face the judicial process.
The pardons issued by Donald Trump upon his return to the White House benefited nearly 1,500 people prosecuted or convicted for the January 6 riots, although this judicial resolution makes it clear that the measure does not automatically extend to investigations related to those events.