A growing faction of right-wing conservatives is mounting a campaign to derail the only active federal prosecution still connected to the January 6, 2021 Capitol attack. The case centers on Brian Cole Jr., who stands accused of planting two pipe bombs outside Republican and Democratic National Committee headquarters the night before the siege.
Cole has pleaded not guilty and is scheduled to face trial in February. The FBI says he confessed after his arrest, but his defense team argues the confession should be thrown out because Cole has been diagnosed with autism and may have been coerced.
Conservative figures, including Republican Rep. Thomas Massie of Kentucky, are publicly accusing the Trump administration of framing Cole. Massie posted on social media calling top officials who appeared at the arrest announcement complicit in what he called a cover-up, insisting Cole is not the actual bomber.
The theory circulating in far-right circles claims the bombs were planted by “deep state” operatives to make the Capitol attack appear more dangerous. These claims have been widely discredited by federal prosecutors and law enforcement officials.
The prosecution exists separately from Trump’s mass Jan. 6 pardon because the devices were placed the evening before the riot, placing the crime outside the scope of that clemency order. The viable but unexploded bombs were discovered near both party headquarters on January 5, 2021.
A former Capitol Police officer named Shauni Kerkhoff was wrongly targeted by right-wing media outlet The Blaze as a possible suspect before Cole’s arrest. The FBI investigated the claims and found them completely baseless, noting that evidence placed Kerkhoff at her Falls Church, Virginia home when the bombs were planted.
The Blaze retracted its story the same day Cole was charged. Kerkhoff has since filed a defamation lawsuit against the outlet, with her attorneys arguing the publication manufactured a story to fit a predetermined narrative. Her attorneys say the ordeal cost her friendships, professional opportunities, and forced her to postpone her wedding.
Enrique Tarrio, the former Proud Boys leader whose 22-year seditious conspiracy sentence was commuted by President Trump, appeared at a recent court hearing wearing a shirt reading “Brian Cole Did Nothing Wrong.” Tarrio has publicly called for the case to be dropped, referring to Cole as part of the January 6 community.
Former FBI Deputy Director Dan Bongino, who once declared the pipe bomb incident was an inside job, helped push the stalled investigation forward before leaving the bureau. He has not directly stated whether his views on the matter have changed since Cole’s arrest.