Jan. 6 pipe bomb suspect urges judge to drop terrorism charge

Brian Cole Jr., charged with planting pipe bombs outside the RNC and DNC on January 5, 2021, asked a federal judge Wednesday to dismiss a terrorism charge, arguing prosecutors never identified which unit of government he supposedly meant to influence. His attorney notes D.C.'s terrorism statute lists eleven specific government units — none of them political party headquarters — and calls prosecutors' omission a 'remarkable omission.'

The defense also argues the single terrorism count improperly combines two distinct legal theories — intimidating the civilian population versus influencing government policy — risking a jury conviction without actual unanimous agreement on which theory applies, or even which building was the target. Prosecutors' April indictment claimed Cole sought to intimidate 'a significant portion of the civilian population,' a claim the motion says was simply lifted from the statute's own language without supporting specifics.

Cole faces four counts carrying up to life in prison if convicted; the U.S. Attorney's Office for D.C. has not responded to the motion.

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