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DOJ Seeks Contempt Over Leaked Filing

DOJ Moves To Enforce The Seal

The Justice Department is asking a court to hold Brian Cole’s lawyers in contempt after they publicly filed material it says was covered by a protective order. Cole, 30, of Woodridge, Virginia, was taken into custody in December and charged with using an explosive device and attempting malicious destruction with explosive materials. He initially told investigators he planted the alleged pipe bombs at the Republican National Committee and Democratic National Committee headquarters on January 5, the night before the Capitol riot. Later, he pleaded not guilty. His lawyers say he is covered by President Trump’s blanket January 6 pardons, which is the kind of argument that keeps federal lawyers busy and makes the rest of us wonder why every high-stakes case needs a side quest.

The Defense Filing Opens A Bigger File

On Wednesday, Cole’s team filed a motion for early return of subpoenas and disclosed claims about the Justice Department’s review of former Capitol Police officer Shauni Kerkhoff. The filing says the FBI began investigating, questioning, and covertly watching Kerkhoff around the same time it was looking at Cole. It also says Kerkhoff was interviewed on November 6, 2025, took a polygraph, and failed two questions about placing the pipe bombs. According to the motion, the examiner noted her controlled reaction and what he called rehearsed answers. That is a lot of detail for a case that is supposed to be under seal, which is why the Justice Department is now reaching for contempt instead of a polite memo.

What Cole’s Lawyers Want

The subpoena request seeks a long list of records, including a dog video from January 5, 2021, phone storage data, CIA employment records, a security form, camera footage from Kerkhoff’s home, communications with a man named in the filing, device records, work schedules, family calls, and messages tied to the polygraph and the alibi claims. The defense also wants records about services used to wipe public information about Kerkhoff and phone details tied to any employer-issued device. The motion was later removed from the public docket, which shows how fast these cases can move from court filing to courtroom whisper campaign. For anyone keeping score, the system’s favorite hobbies remain secrecy, urgency, and acting surprised when a sealed case leaks into the wild.

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