'Odd situation': Lawyer says would-be bomber may be freed by DOJ's 'controversial' error
Brian Cole Jr., who is accused of planting multiple pipe bombs around Washington, D.C., leading up to the January 6, 2021, insurrection, could potentially be freed from incarceration due to the DOJ's error, according to a legal expert.
Lawfare's Roger Parloff, who once reported that Judge Cannon had created a "secret docket" in the process of overseeing a Trump criminal documents case, flagged a motion by Cole in which his attorneys argue that the DOJ failed to properly indict Cole. Recent reports also discuss Cole's confession.
"Accused J6 pipebomber Brian Cole is claiming that he is entitled to release due to govt’s failure to obtain within the allotted time period either a proper grand jury indictment or a judge’s probable cause finding after a 'preliminary hearing.' Odd situation," according to Parloff, who noted that, "Under Federal Rules, absent defense consent or 'extraordinary circumstances,' you can’t detain someone > 14 days without a finding of probable cause, either by indictment or public preliminary hearing. Prosecutors prefer indictments because they’re secret."...



