Presidential Pardons and DOJ

The Justice Department has asked a federal court to reject an effort by Brian Cole Jr., the man accused of planting pipe bombs outside the Democratic and Republican National Committee headquarters on Jan. 5, 2021, to have his charges dismissed under President Donald Trump’s broad Jan. 6 pardons. In a filing Friday, prosecutors argue Trump’s 2025 clemency proclamation applies only to people who had already been convicted of, or indicted for, offenses related to events at or near the U.S. Capitol on Jan. 6 itself—conditions Cole did not meet because he was unidentified and uncharged at the time and the alleged bomb-planting occurred the night before. DOJ cites Cole’s own FBI interview, in which he allegedly said he traveled to Washington to plant the devices, disliked both parties, and explicitly denied that his actions were directed at Congress or related to the Jan. 6 certification proceedings. Cole, who was charged last year with interstate transportation of explosives and malicious attempt to use explosives, contends the pardon’s "related to" language should cover his conduct because it was tied to the same election controversy that fueled the riot. U.S. District Judge Amir Ali has not yet set a hearing on Cole’s motion, and legal commentators online are already parsing how far courts will let DOJ go in narrowing a sweeping, politically charged pardon order that was never clearly tested in court.