At a Glance
- The magistrate judge says a local grand jury secured a federal indictment for Brian Cole Jr., but has not yet accepted it.
- The indictment stems from pipe bombs planted outside the Democratic and Republican national committee offices on Jan 5-6 2021.
- Legal debate over whether a D.C. grand jury can charge federal crimes could set a new precedent for future prosecutions.
- Why it matters: The ruling may shape how federal cases are pursued in Washington, D.C.
The case centers on a magistrate judge weighing a local grand jury’s authority to bring federal charges in a high-profile pipe-bomb investigation.
Indictment Secured, Acceptance Pending
Judge Matthew Sharbaugh announced that a D.C. Superior Court grand jury approved an indictment on two federal charges against Brian Cole Jr. The judge has not yet accepted the indictment because the legal question remains unresolved.
- Transporting an explosive device in interstate commerce – up to 10 years in prison.
- Attempted malicious destruction by means of explosive materials – 5-20 years in prison.
Legal Debate Over Grand Jury Authority
The dispute hinges on a D.C. code provision that may allow both U.S. District Court and D.C. Superior Court grand juries to indict federal crimes. The issue is currently before the district’s federal appeals court.
- A magistrate judge earlier rejected an indictment approved by a local grand jury but later reversed by Chief U.S. District Judge James Boasberg.
- Boasberg paused his order as the issue is appealed, citing the public interest in letting the Court of Appeals decide.
- The split rulings and pending appeal place the judge in a bind, prompting a request for further briefing.
Judge Matthew Sharbaugh stated:
> “It’s an extraordinary circumstance – and not something that occurs often, or frequently, or perhaps ever in any district outside this one.”
Judge’s Current Dilemma and Next Steps
The judge said the extraordinary circumstance justifies a delay in Cole’s preliminary hearing, even as defense attorneys insist the suspect has not waived his right. He reserved judgment on whether Cole should remain in custody or be released with strict conditions pending trial.
| Charge | Potential Sentence |
|---|---|
| Transporting an explosive device in interstate commerce | Up to 10 years |
| Attempted malicious destruction by means of explosive materials | 5-20 years |
Cole’s grandmother, Loretta, offered GPS-monitored home detention as a third-party custodian if he is released.
Loretta Cole said:
> “If he’s not doing something right, I have to let you know.”
The conditions would include surrendering his passport, restricted travel, and unannounced Pretrial Services inspections.
Suspect Profile and Defense Claims
Cole was arrested earlier this month after a breakthrough in the five-year investigation. Defense attorneys argue he is not a danger to the community, citing diagnoses of autism and obsessive-compulsive disorder and his clean criminal record since Jan 5 2021.
Assistant U.S. Attorney Charles Jones noted:
> “This is not a case that involves an isolated, impulse act.”
Mario Williams, one of Cole’s attorneys, countered:
> “His behavior means nothing without context.”
Key points include:
- Cole wiped his cell phone 943 times since December 2020.
- He continued to purchase bomb-making materials through mid-2022.
- He has no prior criminal history.
Key Takeaways
- The magistrate judge has not yet accepted the indictment due to a legal dispute over grand jury authority.
- The case could establish a new precedent for federal prosecutions in Washington, D.C.
- Cole faces up to 10 years for transporting explosives and up to 20 years for attempted destruction.
The outcome will determine how federal cases are pursued in the nation’s capital and may influence future prosecutions.
