Judge Questions Prosecutors’ Charging Move in Pipe Bomber Case

A Washington federal judge questioned how to handle a move by federal prosecutors that allows local grand juries to charge federal crimes, delaying an initial hearing for the Virginia man accused of placing pipe bombs outside political offices in January 2021.

Magistrate Judge Matthew Sharbaugh of the US District Court for the District of Columbia said at a Tuesday hearing that he didn’t know if he could accept the government’s grand jury indictment from Washington’s superior court against accused pipe bomber Brian Cole Jr.

Cole has been accused of planting explosive devices near the headquarters of the Republican and Democratic National Committee offices on January 5, 2021, the day before supporters of President Donald Trump rioted at the US Capitol during the certification of the 2020 election.

The devices were discovered the next day, on Jan. 6, and neither had detonated, according to court filings. The indictment spurred a multiyear federal investigation and conspiracy theories.

Prosecutors with the Washington US attorney’s office secured an indictment on Monday at the superior court against Cole that matched earlier charges, Sharbaugh said. The judge noted there is “ongoing debate” over the issue, and he asked both sides to provide any briefs by close of business Dec. 31 outlining their arguments on whether he should accept the indictment in light a previous ruling.

The issue represents the latest fallout from a decision in a separate case by Chief Judge James “Jeb” Boasberg that allowed the unusual maneuver, where federal prosecutors recently have sought to return indictments secured in local court to the federal court under the District of Columbia’s unique court structure.

Magistrate Judge Zia Faruqui previously criticized the government for sidestepping the typical federal grand jury process, after the prosecutors made a similar move in a separate case earlier this year. The maneuver, Faruqui said, is “unseemly,” breaks with “decades-long norms,” and “deepens the growing mistrust of the actions of prosecutors.”

However, Boasberg said the on-duty magistrate judge should accept the indictment after finding that, while the question was “challenging,” Congress had authorized local grand juries in Washington to return indictments in federal courts, and vice versa.

The defense lawyers in that case appealed, and Boasberg paused the effect of his own order earlier this month, allowing the appeals court to weigh in before the prosecution continues. That appeal is currently pending.

Sharbaugh said at Tuesday’s hearing he was unsure if Boasberg’s stay order in the earlier case should also mean that the federal government can’t move forward with this superior court indictment in federal court.

The judge also said the issue is an “extraordinary circumstance” that merits a delay in the preliminary hearing against Cole, given that this hearing won’t be required if the indictment is accepted.

Detention debate

Sharbaugh was weighing at Tuesday’s hearing whether Cole must remain detained pending trial, or be subjected to home confinement and other conditions as the defense requested.

Sharbaugh questioned Cole’s grandmother, who has offered to supervise him, about her routine and her residence. After pausing proceedings for roughly 20 minutes to deliberate, Sharbaugh said he needed more time to consider the “important issue” and would hand down his decision “in the next day or so.”

Charles Jones, a lawyer for the Washington US attorney’s office, argued that Cole’s alleged offense was sufficiently dangerous and that he should be detained. He also argued home confinement isn’t sufficient since Cole’s family was unaware of his behavior during the alleged crime.

Cole gave a “detailed confession” to the charged offenses, the government said in a Sunday court filing. He has not yet entered an official plea in the case.

Cole’s attorney, Mario Williams, told the court his client is autistic, has no criminal record or history of skirting court orders, and is not dangerous. Cole “physically and emotionally” could not survive prison or DC jail, Williams said.

The case is USA v. Cole, D.D.C., No. 25-mj-0276, hearing held 12/30/25.