A federal judge has now reportedly ordered that Cole remain in custody as his criminal case moves forward, rejecting arguments from his defense team that his diagnosed mental health conditions should weigh in favor of pretrial release.
In newly released court documents, United States Magistrate Judge Matthew J. Sharbaugh ruled that federal prosecutors met their burden in showing that no set of release conditions would be sufficient to protect the public. The judge concluded that the government “carried its ultimate burden to demonstrate that there are no conditions of release the Court could impose to reasonably assure the safety of the community.”
As a result, the court granted the government’s request for detention, ordering that Cole remain behind bars while the case proceeds. “Mr. Cole shall remain detained while this case proceeds,” the ruling stated.
The decision came after Cole’s defense attorney disclosed that his client has been diagnosed with autism spectrum disorder and obsessive-compulsive disorder. The defense argued that those diagnoses should be taken into account when considering whether Cole should be held in pretrial detention. The court, however, ultimately determined that the seriousness of the allegations and the risk to public safety outweighed those considerations.
According to the court record, Cole waived his Miranda rights following his arrest on Dec. 4 and provided a full confession to investigators. In that statement, Cole admitted that he traveled to Washington, D.C., on Jan. 5, 2021, to take part in protests following Donald Trump’s loss in the 2020 presidential election.
Cole told authorities that he planted explosive devices that ultimately did not detonate. He said his actions were motivated by his belief that the 2020 election was rigged and that “someone needs to speak up” for Americans who shared that view. Investigators said Cole expressed frustration over what he described as the way election skeptics were being treated and labeled in the public debate.
According to the court documents, Cole said he was upset that people questioning the election outcome were being called “fascists” and “Nazis.” He told authorities he did not agree with dismissing concerns from a large portion of the country and felt compelled to travel to the protest as a result.
“The defendant explained: ‘I didn’t agree with what people were doing, like just telling half the country that they – that their – that they just need to ignore it. I didn’t think that was a good idea, so I went to the protest,’” the court record states.
The filing further details Cole’s belief that leaders and public figures on both sides of the political spectrum were failing to address public grievances. According to the record, Cole felt that “the people up top,” including well-known figures from both parties, should not ignore concerns or dismiss critics as “conspiracy theorists,” “bad people,” “Nazis,” or “fascists.”
Instead, Cole believed that if people felt their votes were being disregarded, their concerns should at least be acknowledged. The court documents note that he viewed a lack of engagement from leaders as a serious problem fueling public anger and division.
Despite his confession, Cole has not yet entered a plea in the case. No trial date has been scheduled, and the case remains in its early stages. For now, the judge’s ruling ensures Cole will remain in federal custody as prosecutors prepare to move forward, underscoring the court’s conclusion that community safety must take precedence while the legal process plays out.
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