Cole, who has not entered a plea, allegedly told investigators in a lengthy confession that he wasn't targeting the joint session of Congress that was convening to certify former President Joe Biden's election win, according to previous court filing from the Department of Justice.
Cole, of Virginia, was arrested by federal authorities earlier this month following a massive probe that had stymied investigators for almost five years. He appeared in court on Dec. 5, where a judge detailed the two charges he currently faces. The charges carry a maximum sentence of up to 30 years if he is convicted.
In their Monday filing, Cole's attorneys specifically pointed to statements made by D.C. U.S. Attorney Jeanine Pirro in an exclusive interview with ABC News Chief Justice Correspondent Pierre Thomas following their client's arrest in which they argue she improperly commented on the merits of the government's case.