Lawyers for DC pipe bomb suspect says FBI used ‘coercive’ interrogation
Attorneys for Brian Cole, the Jan. 6 pipe bomb suspect, have filed a motion to suppress the statements he made to the FBI, saying the interrogation was “psychologically coercive.”
They argued Cole’s autism left him “unable to withstand” the tactics used against him.
The FBI said Cole confessed to being the person in the videos placing the pipe bombs near the headquarters of both the Democratic and Republican national committees.
Cole’s motion comes the same week the government filed a new indictment adding four additional counts.
In the motion to suppress his statements to the FBI, the attorneys representing Cole included the full transcript of his interrogation. In the motion, they argued that “Mr. Cole’s interrogation contained the coercive techniques that scholars agree are most likely to result in false confessions.”
They intend to put an expert on the stand who will testify to that when Cole goes to trial in February.
The lawyers highlighted one of the tactics they said were used during the interrogation, in which Cole was shown surveillance footage, and one of the FBI agents asked him, “Do you recognize that person?”
“No,” Cole responded.
“Have you watched this video before?” an agent asked.
“No,” Cole responded.
Lawyers wrote that only then did the agents remind him what a denial would cost, with an agent saying, “Lying to federal agents is breaking the law. That’s another crime, so more lies just makes it worse, okay? No, look at me. Do you understand that?”
The lawyers wrote that seconds later, repeating the question drew the opposite answer.
The agent then said, “So, is this individual you?”
And Cole responded, “Yes.”
The lawyers argue the confession was not the product of the video Cole had just denied recognizing himself in it. Rather, it was the product of the threat, they wrote.
But the FBI said it has evidence to support Cole’s confession. writing in an affidavit that on Jan. 5, 2021 at approximately 7:10 p.m., Cole’s Nissan Sentra was observed driving past a license plate reader at the South Capitol Street exit from Interstate 395 South, which is less than a half mile from the location where the individual who placed the devices was first observed.
Agents also wrote that, “Provider records show that the COLE CELLPHONE connected with Provider cell phone towers consistent with the COLE CELLPHONE being in the area of the RNC and DNC on January 5, 2021. The COLE CELLPHOBE engaged in approximately SEVEN data session transactions with pProvider towers between 7:39 p.m. and 8:24 p.m.”
The FBI said it also has evidence Cole purchased bomb making materials at a number of locations.
Cole’s trial is set to begin Feb. 16.
