Overview
- Defense filings argue Brian J. Cole Jr. must be released under federal rules that generally bar detention beyond roughly 14 days without an indictment or a preliminary probable-cause ruling absent waiver or extraordinary circumstances.
- Cole was arrested Dec. 4, appeared in court Dec. 5, and a detention hearing first set for Dec. 15 was, by agreement, moved to Dec. 30.
- On Dec. 28 prosecutors told defense the Dec. 30 proceeding would not be a preliminary hearing and said no federal grand juries were sitting from Dec. 16 to Jan. 5.
- Prosecutors obtained a Dec. 29 indictment from a D.C. Superior Court grand jury rather than a federal grand jury, a contested approach also seen in the Kevontae Stewart matter, and Cole remains detained as the defense disputes its effect.
- Magistrate Judge Sharbaugh ordered expedited briefing by Dec. 31; Cole’s brief is filed, no government brief is visible on the public docket, and the judge said he will issue a prompt decision.