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Jan 6 bomber’s lawyer calls out legal flub by Jeanine Pirro

Sarah K. Burris
6h

U.S. Attorney Jeanine Pirro, a former Fox News host, was called out by the lawyers for the accused Jan. 6 bomber, Brian Cole, for trying to influence the jury pool before the case even went to trial.

Legal reporter Josh Gerstein and national security analyst Marcy Wheeler pointed out that Pirro may be putting Cole's case at risk with her latest filing.

"Accused pipe bomber Brian Cole's bid for bail notes that Juicebox Jeanine hasn't been following the rules prohibiting prejudicial comment," Wheeler posted on BlueSky Tuesday morning. "It also confirms he is autistic and cites at least 3 January 6-related detention precedents."

The court filing submitted Monday walks through Pirro's own filings in which she "has made numerous comments in contravention of Local Criminal Rule 57.7(b), specifically concerning the 'existence or contents of any confession, admission, or statement given by the accused' ((b)(3)(ii)) and 'opinion[s] as to the accused's guilt or innocence or as to the merits of the case or the evidence in the case.'"

The lawyers go on to cite a report from ABC News in which Pirro told the media that evidence against Cole was "unmistakable" and that “[t]his guy was an equal opportunity bomber.”

The footnote at the bottom of page two cites Pirro's Facebook posting in which she claims Cole “has admitted that he was responsible for the devices and gave a detailed confession to the charged offenses."

Pirro took a victory lap on Monday evening, bragging that her office was working hard to ensure Cole's conviction. The case hasn't even gone to trial, Cole's lawyers explain. A bail hearing can't consider the possible guilt or innocence of an individual but only whether the accused could be reasonably considered a danger to the community.

Among the details about Cole, the lawyers confirm that he has been diagnosed with "Autism Spectrum Disorder, Level 1 and with obsessive compulsive disorder."

On Monday, AlterNet reported that Pirro appeared to be endeavoring to eliminate any details about Cole's previous visits to Washington, D.C., specifically a Dec. 14, 2020, trip. It was after that trip that he did a "factory reset" of his cell phone.

Legal experts have complained that Pirro shouldn't be anywhere near the Cole case because she's already using a "Trump-friendly" prosecution strategy.

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