WASHINGTON, Jan 2 (Reuters) - A federal judge on Friday ordered that the man accused of planting pipe bombs in Washington the night before the January 6, 2021, U.S. Capitol attack should remain behind bars while his case moves forward.
U.S. District Court Judge Matthew Sharbaugh ordered Brian Cole, 30, to be held without bail as he faces two criminal charges related to the attempted bombings at the Democratic and Republican party headquarters. Cole, who faces two explosives-related charges, has not yet entered a plea.
Sharbaugh also agreed to accept an indictment returned by a local grand jury in Washington, charging Cole with the same two offenses. The defense challenged the use of a local grand jury to secure a federal indictment, but the judge agreed to accept it after prosecutors said they would soon ask a federal grand jury to separately sign off on the charges.
Sharbaugh concluded in his ruling that the U.S. government's evidence against Cole was strong and that the pipe bombs sparked fear and alarm ahead of the congressional certification of the election even though they did not explode.
"If the plan had succeeded, the results could have been devastating: creating a greater sense of terror on the eve of a high-security Congressional proceeding, causing serious property damage in the heart of Washington, D.C., grievously injuring DNC or RNC staff and other innocent bystanders, or worse," Sharbaugh wrote.
A lawyer for Cole argued during a December 30 court hearing that he should be released on strict conditions, pointing to his lack of criminal history and family support.
The attorney said a defense expert was prepared to testify that the devices were not capable of detonating. The FBI has concluded the pipe bombs were viable.
Federal prosecutors have said in a court filing that Cole confessed to planting the pipe bombs and told investigators after his arrest he thought the 2020 election had been “tampered with." President Donald Trump had falsely claimed that the election, which he lost to Democrat Joe Biden, was marred by fraud.
According to the filing, Cole said he didn't like either political party.
The pipe bombs were not discovered until about 1 p.m. on January 6, diverting police resources just as a mob of Trump supporters surged into the Capitol.
(Reporting by Jana Winter. Additional reporting by Andrew Goudsward; editing by Scott Malone and David Gregorio)
