Lawyers for Brian Cole argue he should be released ahead of trial for allegedly planting devices in DC in 2021

The man accused of planting pipe bombs outside the headquarters of both the Democratic and Republican national committees the night before the January 6 insurrection at the US Capitol is set to appear at a federal detention hearing before a magistrate judge on Tuesday.

Earlier this month, authorities arrested Brian Cole Jr, of Woodbridge, Virginia. He has yet to enter a plea. Cole’s lawyers argue that he should be released while he awaits trial, as he does not present any danger. In a recent court filing, they write that Cole has agreed to home detention enforced by GPS monitoring, and will live under the supervision of his grandmother.

The defense also notes that Cole is on the autism spectrum, has been diagnosed with obsessive compulsive disorder and has “zero criminal history”, and there is “zero evidence that he will flee”. His lawyers also argue that no one was “actually harmed” as a result of the alleged crimes Cole has been charged with, since neither of the bombs exploded.

However, according to a recent justice department memo, Cole allegedly confessed to his crimes after he was arrested by law enforcement. At the time, his home was also searched and several bomb-making components were found on the premises. The FBI also obtained Cole’s credit card statements, which, they note, showed the purchase of several materials used to make the bombs.