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Dec. 29, 2025 - Viva & Barnes
55:51
Tim Walz Appoints "Outside Firm" to Audit Fraud! DOJ Wants to Detain Brian Cole Jr. PENDING TRIAL!

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And gentlemen of the interwebs, in today's episode of How I Almost Ended Up in the Hospital, hashtag just kidding.
Meanwhile, in Canada, Viva reminisces about being in Florida while taking massive jumps on a toboggan.
Florida man attempts ski jump.
Yes.
Work it.
Work it, Viva.
Call a doctor.
Canadian healthcare.
This is how you get old, and I don't consider myself old, but you realize you become increasingly frail, fragile, and easy to hospitalize.
Hold on, let me work this angle here.
This is a little, I'm hiding in a corner because someone's put baby in a corner.
And I figured with the headlight, it would make me look a little less crazy and the bags under my eyes less baggy.
Everybody, how goes the battle?
I said, like, this week is going to be all wonky.
I have to sneak into a room and see how long I can do this for before someone comes in and says, David, it's dinner.
I don't want to eat so late.
You're supposed to be helping with cooking.
This is actually my excuse to not get out of helping with cooking.
Too many cooks spoil the broth.
You know, I love the expressions in English and various, you know, whatever.
Maxims that are mutually incompatible and almost contradictory.
He who hesitates is lost.
Hold on.
He who hesitates is lost.
Look before you leap.
Contradictory.
Or are they?
Out of sight, out of mind.
Absence makes the heart grow fonder.
Contradictory?
Or are they?
Many hands make work light, but too many cooks spoil the broth.
And therefore, someone said they'll offer you made.
So therefore, I have decided to relinquish myself to the room and do a quick stream.
I mean, it's going to be a give or take an hour until the kids bust down.
My wife comes in and says, what the heck are you doing?
But we've got news that we've got to talk about today.
We're going to have our stream tomorrow.
We'll be at three o'clock.
But right now, who's that over there?
Oh, that's me.
Something, this is driving me crazy.
No, it's got to be like this.
Okay, not going to touch anything.
How's everybody doing?
Everybody's enjoying their Christmas holidays.
We've got New Year's coming up on Wednesday, 29th today, 30th tomorrow, 31st.
New Year's is on Wednesday.
And I can't stay away from the computer.
And I've got to do an update on two big stories, one of which is the Minnesota fraud scandal.
And I am relying on the big brains of our viva barnslaw.locals.com community to piece together what I believe is highly suspicious and suspected fraud.
Hey, y'all, says Boopsy over on locals.
Good.
Illinois needs to be checked for corruption too, says boom or boom cue.
Everything does, everything does.
I would say all states do, regardless of whether or not they are blue or red states.
There is no question that government is corrupt.
Even the least corrupt government on earth is still corrupt.
There is no government on earth that gets a pass that gets to be trusted.
None.
Not the Canadian government, not even the American government.
You can trust individuals, but you cannot trust organizations that are comprised of many individuals.
And when you're talking about the federal government, tens of thousands of individuals, hundreds of thousands of individuals, there is no government on earth to be trusted because unless you know each and every individual in that government, you cannot trust them if you cannot vouch for every individual.
And you can't, period.
You can't even vouch for people you think you know.
What the hell was I saying?
Every state has corruption.
The Minnesota story is continuing to snowball like it's nobody's business.
And I made some predictions that they're not predictions.
They are just assessments of human nature.
So they will come to fruition.
But we're going to talk about the Brian Cole Jr. case, which is scheduled for preliminary hearing, pre-trial hearing tomorrow.
And it sounds like the state may or may not be ready for this.
And I've pulled up two documents.
Let me just open one up in the backdrop.
We've got the defendant Brian Cole Jr.'s motion to confirm the preliminary hearing date because it sounds like potentially the government doesn't necessarily want to proceed with it as scheduled for tomorrow.
And I'll be following what happens tomorrow.
And then we've got holy crab apples, the government's motion in support of pretrial detention of Brian Cole because they want to detain Brian Cole Jr., the suspected January 6th pipe bomber, a 30-year-old autistic individual.
They want to detain him until trial because he poses such an immeasurable, uncontrollable risk to society.
We'll get there in a bit.
So let's see what's going on here.
Let me see just in terms of where we are.
I want to see that we're live on all things here.
I got to do better at doing my distinct segments so that I can just, you know, cut these things and put them onto Commitube afterwards, where viva barnslaw.locals.com and Rumble get the exclusive initial streaming.
Look at that bullery face.
Is that what it looked like?
Alex Jones had Nick Shirley on today.
Amazing.
Zach, I have to have to check that out.
I have been, as you can quite clearly tell, I have been preoccupied, sledding.
One of the kids hit his head on the not like a hard knock, but got a bit of a cut on his head from some ice chunks.
People don't appreciate ice is like glass.
It's like broken glass, especially broken massive icicles.
So we've been having a good time here.
Belle of the Bayou says, it's going to get cold here in Florida tonight with a low of 40.
I know.
I want to miss the iguanas falling out of the trees again.
I have never been there for the iguanas falling out of the trees.
It'll happen one day.
And maybe I'm going to get back Thursday.
And maybe I can yet see some iguanas getting so cold they fall out of the trees.
More impressive Nick was on Fox.
It's amazing.
Nick Shirley is doing what journalists should be doing, but are not doing because A, they are partisan political hacks who don't want to call out their side of the aisle, who don't want to bite the hand that feeds them, who don't want to burn bridges, have some negative reporting, and then get shut out of political invitations, access to government, and some just corrupt to the core.
Would you ever expect CNN, MSNBC, to delve into the fraud that's going on in Minnesota when their candidate was the run running for vice president of the United States of America?
Would they ever expose a fraud that would hurt their party to the core?
The answer is no.
They would work hand in hand to conceal it exactly the same way they worked hand in hand to conceal Joe Biden's dementia.
Objective black on white dementia.
They worked so hard to cover it until they could no longer cover it.
I'm not going to pull up the, who's the guy that was alleged to have killed his intern, hit her on the head?
Joe Scarborough.
I'm not saying he did it.
I'm just saying it was an allegation on the internet.
Scarborough.
He's sharp as a tack.
He's never been sharper.
He's in the best shape of his life now.
And then three months later, he's out of the race, give or take.
The media worked hand in hand to cover up the Biden dementia because they couldn't admit it.
It would cost them the election and touch wood, or I should say, as karma would have it, it did cost them the election.
But they will not expose fraud and corruption if they think it will hurt them.
And the amazing thing is that now it's becoming increasingly clear that whatever coverage they did back in the day was, you want to talk about controlled opposition?
It was controlled opposition.
Whatever work the Biden, DOJ, FBI did to prosecute those responsible for the multi-billion dollar Somali fraud ring in Minnesota, whatever they did was controlled opposition damage control.
Because many people don't realize they did prosecute 70-some odd people.
They did put some people in jail.
They didn't dismantle the sprawling fraud.
They prosecuted, dare say, the bare minimum, and they certainly didn't put it on blast.
And the media sure as hell didn't touch it with a 10-foot pole while Tampon Tim No Ball's Walls was running as Kamala Harris's VP.
The media didn't do its job.
And as I predicted, by the way, what happened, although it's, again, human nature, not really much of a prediction, I said they're going to come after Nick Shirley.
They're going to try to go after accuracies in the story.
They're going to try to nitpick and pinpoint some things that might, in fact, be factually incorrect or even out of context.
And they're going to try to use that to discredit all of Nick Shirley's journalism.
They're going to try to do that to distract from the story of the fraud by going after the messenger.
They're going to try to discredit the messenger to try to discredit or undermine or ignore the message.
Now, I don't know who Andrew Mercado is.
I think people did know who he was.
I'm not familiar with everybody on the internet.
Editor-in-chief at Mercado Media.
He's a YouTube partner.
I don't know if that just means he's monetized on YouTube.
He's a meta partner, U.S. Army veteran, Minasutne.
Well, he, in an attempt to discredit Nick Shirley's journalism.
And by the way, the jealousy that you're going to see among people saying, Nick Shirley didn't reveal anything.
The media covered this five years ago.
It's an amazing thing, the sucking and the blowing, the flipping and the flopping, the admitting.
It's the celebration parallax.
It's not happening, but the media reported on it happening five years before Nick Shirley.
And this is just yet another Republican pounce story.
Andrew Mercado, if you know who he is, let me know.
I went back and reviewed Nick Shirley's video alongside photos from the actual locations.
Once you line everything up, the story changes.
At quality learning, learing, sir, not quality learning.
At quality leering, child care, the hours posted right on the door, 2 p.m. to 10 p.m.
That's a child daycare that goes until 10 o'clock at night.
There might be good reasons for that.
In the video, the visit happens before 2 p.m.
The sign is not shown.
The camera lingers on a closed door and viewers are left to assume that something is wrong.
Something is wrong, Mercado.
Later in that same video, the creator is inside a completely different building, the Greys Midway Building.
The director screen is on camera.
The directory screen is on camera.
And it clearly shows the time is 2.33.
The detail matters.
It confirms the filming was happening throughout the afternoon, early afternoon, all right?
Which means that the earlier closed visit was not evidence of fraud or a shell operation.
It was evidence of someone showing up before business hours.
These are different locations, but the same technique.
Leave out hours, skip timestamps, let implication do the work.
This is why timelines matter.
This is why contacts matter.
Once you remove those pieces, you are not investigating.
You are shaping a narrative.
And once you see it, you cannot unsee it.
Credit to destiny for catching this and laying out the timeline.
So I said, by the way, though, what was even funny, we won't get to see it in here.
Without getting to the punchline just yet, this is what Mercado replied to someone else in the very same thread to that tweet.
Weird how Nick Shirley and all right-wing talking heads from Elon Musk to the vice president are saying nobody has ever reported on it except Nick.
Now you're showing me a local news report from six years ago.
That's crazy.
It looks like they use credible sourcing in their reports.
I actually had to have a fight with someone who's just, you know, either too stupid or too dishonest for words.
I don't know who it was.
I say paraphrasing.
People have to, you know, unless they want to be deliberately obtuse and say, he never said that.
It's like, no, you idiots.
This is paraphrasing in a humorous manner.
The fraud is not happening, but local news already reported on the fraud six years ago is a hell of a position to take.
And then I have to have a debate with someone as to where Mercado claimed that the fraud wasn't happening.
Where did you say the fraud's not happening?
So other than it's the entire gist of what he's saying, oh, we can't trust the reporting.
It's narrative.
It's not, it's not fraud.
It's, what do you say?
This is what I'm talking about.
Where was the part that I actually said here?
These are different timestamps.
Leave it.
This is why when you remove the picture, you're not investigating.
Where the hell did it?
Oh, here we go.
Sorry.
It confirms the filming was happening throughout the early afternoon, which means the earlier close visit was not evidence of fraud or shell operation.
So the earliest, not evidence of fraud.
It is evidence of someone showing up before business opened.
This is why Timelines Matter context.
When you remove those pieces, you're not investigating.
You're shaping a narrative.
Let implication do the work.
This is denial of the fraud, period.
If you don't understand that that's what he's doing, you're an idiot.
Talk about denial of implication.
Let implication do the work.
Oh, Nick Shirley was there before ours.
What do you imply that there's no fraud?
But there's no fraud, except for the fact that media was reporting on it five years ago.
But half-assed, right?
Just the tip of the fraud.
And it's the new line now.
The fraud wasn't happening, but it's a Republicans pounce story.
You got to love this.
It's just the classic tactic.
Instead of focusing on the egregiousness of the fraud, you focus on the reaction of your ideological adversaries, your political adversaries, to the egregiousness of the fraud.
You know, it's the Republicans' pounce story.
MAGA World zeroes in on Minnesota over fraud scandal.
MAGA World zeroes in on Minnesota.
You understand what they're doing right there.
This is deny, attack, reverse, victim, and offender, Darvo, narcissists, sociopaths, propagandists, liars.
It's not the scandal that's the scandal, and it's not the scandal that's the story.
It's how Republicans, as if Democrats should not be raging against this as well.
It's how Republicans are reacting to the story.
That's the story.
Let's hear how the Hill describes it.
The Hill.
MAGA World.
No, thank you.
Listen to this.
Allies of President Donald Trump have set their sights on Minnesota in the wake of the fraud scandal in the state.
The scandal centers on hundreds of millions of dollars stolen via federally funded nutrition programs.
A, why the hell should Republicans not be pouncing right now?
It's a Republican presidency.
It's stolen government dollars that is now a Republican presidency of a government.
Of course, Republican.
Better yet, I'm more freaked out at the fact that Democrats don't seem to be pouncing on this story.
The New York Times late last month propelled the story into national prominence, noting federal prosecutor statements that as much as $1 billion might have been taken.
You know who propelled it into national prominence?
Nick Shirley.
You jealous bastards.
Jealousy will get you nowhere.
Hold on, this is driving me crazy here.
Sorry.
OCD.
To date, the FBI dismantled $250 million fraud.
Yada yada yada.
The investigation exposed sham vendors, shell companies, and large-scale money laundering tied to the Feeding Our Future network, said Kash Patel.
Case led to 78 indictments.
All of this predated Kash Patel's tenure as director of the FBI.
Abdel Noor was one of one particular.
We went over this the other day.
Anyhow, Vice President Vance said in his own post on X that what's happening in Minnesota is a microcosm of the immigration fraud in our system.
He's 100% right.
Politicians like it because they get power.
Welfare cheats like it, welfare cheats like it because they get rich, but it's a zero-sum game, and they're stealing both money and political power from Minnesotans.
Yeah, the Trump attacked the Somali.
I just want you to remember this: politicians like it because they get power.
I told you that people were going to start going after Nick Shirley on a personal level, try to nitpick at facts or certain details that they might very well have gotten wrong in the story in order to discredit the underlying story.
And one thing I've always said: government is the blob when it comes to giving itself more power, the more it screws up.
So, pay, remember, the politicians like it because they get power.
Your mismanagement of state funds has been exposed for tens of millions of Americans.
Yada, yada, yada.
Emmer said, tech billionaire Elon Musk also weighed in.
The radical left have been using fraudulent government programs for a long time to import and retain the vast numbers of illegals, in some cases, legal, whatever, immigrants to win elections.
The more you look into it, you would be horrified your tax money is doing.
In fact, yada, yada, yada.
You know who's did they did they mention Nick Shirley in this?
Nick.
Can you imagine?
The Hill wrote an entire article crediting the New York Times for putting this on blast and didn't once mention Nick Shirley.
I said they're going to go after Nick Shirley.
I said the government always uses this as an excuse to give itself more power.
This was what I posted earlier.
Exactly as predicted.
What does the government do when its failures are exposed?
It makes itself bigger.
In response to the allegations of sweeping fraud in Minnesota, Tim Wall's spokesperson had this to say: Walls has, quote, hired an outside firm to audit payments to high-risk programs, shut down the housing stabilization services program entirely, announced a new statewide program integrity director, and supported criminal prosecutions.
Hey, Tim Walz, who's the outside firm you hired to do the audit?
Who was the new statewide program integrity director?
When did you hire that person?
It wasn't only in December 2025, was it?
Jail.
You belong in jail.
That's a screen grab from the article.
So after all of this fraud, of which they've largely been aware for the last five or six years, right?
Because media was reporting on it.
Tim Walz only appoints an integrity director in December 2025.
He appoints a third-party auditor to, you know, go over Medicare fraud in the state.
Who's that third-party auditor?
Now, again, there are sometimes people ask questions and they're not really asking questions, and you have to be honest when that's what you're doing.
I'm asking the question now, legit, because I'm not, I think I have a rough idea as to how the Medicaid, Medicare, whatever the system is in Minnesota, I have a rough idea how it works, but I don't know exactly how it works.
Now, when I saw who Tim Walz appointed for the third-party auditor, I had some questions because they don't really seem like a third party.
So this is from the article.
Look at his stupid face, like a dumb puppy dog who's too dumb to know how dumb he is and yet is in charge of billions and billions of dollars.
Minnesota Governor Tim Wall listens during a hearing in the White House oversight and killing him.
Okay.
The spokesperson added that Walls has hired an outside firm to audit payments to high-risk programs.
I had to go out, you know, Grok is unreliable, but for basic matters of fact, it's, you know, it'll typically give you the answer, but double check it anyhow.
Apparently, did Walls hire Optum for audit?
Let me just make sure that I did here.
See, this is why you double check as I did.
And at least you can rely on sometimes Grok for some things.
Optum, specifically Optum State Government Solutions, a subsidiary of United Health Group, is the outside firm contracted by the Minnesota Department of Health Human Services under Governor Tim Walz to conduct a third-party audit of billing and payment in 14 high-risk Medicaid programs vulnerable to fraud.
This was initiated in October 2025.
So they've known about the fraud for six years.
They've had trials.
People have gone to jail.
Now that was childcare fraud.
That was feed the kids fraud.
They've known about this fraud for damn near more than this, probably five, six years.
And it's not until October 2025 that they hire an outside third-party audit firm to be determined.
We're going to get into that.
And it's only in December 2025 that they hire some oversight dude, whoever the hell he is.
This was initiated in October 2025 with payments paused during reviews to flag irregularities and prevent improper distributions.
This is the Grok answer.
Separately, the administration partnered with Waypoint, a white Bear Lake, a white Bear Lake-based firm.
Law enforcement yet developed statewide fraud prevention toolkit.
You know, after the tens of billions is already gone, then we'll implement a toolkit.
Useless TWATs is what they are.
Now, I have to see how the Minnesota Medicaid system works.
State pays MCOs like United Healthcare before its exclusion in 2025 a fixed capitation rate, so per capita, you know, head rate, per enrolled member per month, regardless of actual services provided or claims paid.
MCOs then use those funds to pay providers for services rendered to their enrollees.
This is a full risk model.
MCOs, the MCO stands for medical.
Oh, geez, what does it stand for?
Oh, the MCO.
What did I forget?
The MCO stands for.
MCOs bear the financial risk to provider payments, including any fraudulent claims they approve and pay.
If an MCO pays a fraudulent claim, the law stays with the MCO.
The state does not provide additional reimbursement or adjust capitation rates retroactively for individual fraudulent payments.
Why MCOs have incentive to detect fraud?
Fraudulent claims reduce the MCO's profits.
True, unless their government subsidies are per capitation rate.
And in which case, the question I'm asking is: does United Health get any sort of subsidy from the government based on their capitation rate, their enrollment?
And if they do that, then they might have an incentive to not go after fraud, even if it cuts into their bottom line, because their subsidies are based on a number of enrollees, regardless of whether or not they are real.
That's the question I'm asking.
And I don't know the answer to it right now.
And I am actually hoping that the aggregate wisdom of the internet and our locals community, vivabarneslaw.locals.com, can help me discover the answer to this question.
So that's what's going on with the third party.
And I say, is this really a third party?
Because it's a subsidiary of United Health who may or may not have a vested interest to actually partake in the fraud.
Link.
Enjoy it.
That's not the link.
This is the link.
And you hire an optim, a subsidiary of United Health.
And if United has any incentive to pad its numbers to allow fraudulent enrollees in their per capitation, based on which they get subsidies either from the state or federal, they're not third parties.
They might be parties to the fraud.
And you're hiring them now as an auditor to go and audit the fraud that they might be beneficiaries of.
So my thought process, and if I'm wrong, I'm wrong.
This is the question I'm asking.
What benefits, subsidies from the state or federal, does United Health get?
If they get subsidies based on number of enrollment, it's true that if they pay out fraudulent claims, services that were never provided, claims that don't exist, it'll cut into their profits.
But if their subsidies are dependent upon the number of people enrolled, they have an interest.
As my question would be, do they have an interest in maintaining potentially fraudulent enrollee lists that inflate the number so they get more subsidies per person enrolled, per capitation?
And I don't know the answer to that question.
I just know that Tim Tampon Noball's Walls is a fraud.
He's either woefully stupid to this level of fraud, or he's a participant in it.
In which case, I know his decisions are either stupid and therefore questionable, or corrupt and therefore questionable.
So he appoints this third-party optimum, a subsidiary of United Health.
And my question is: are they in fact an independent third party?
And does United Health have anything potentially to conceal potentially in this rampant, widespread Medicare Medicaid fraud?
I don't know the answer to the question.
And, you know, just as we say in French, troph caspas, you make sure of the information even when Grok gives it to you.
When is this from?
December 12th, 2025, two weeks ago.
Governor Walls announces Tim O'Malley to serve as director of program integrity.
Five, six years after the fraud was disclosed, discovered, reported by legacy media, years, two years after trials in 2024 for the food fraud, Minnesota Tim Walz announced Tim O'Malley will join the state as director of program integrity.
What does the government do when they get called caught being involved in rampant, egregious, borderline criminal, if not outright criminal fraud?
Well, they just got to have an oversight committee.
Got to hire another person to pay him to look into our fraud.
We'll investigate ourselves and say, oh, yeah, it's just terrible.
We'll implement the new protocol so that it never happens again.
Shame on you, Tim.
What's his face?
Okay, a judge, former superintendent, Minnesota Bureau, former FBI agent, reformer of the art, and reformer in the archdiocese.
O'Malley will work across state government to strengthen fraud prevention and protect taxpayer dollars.
Too little, too late, Walls.
Governor Walls also announced a state partnership with a third party experts at waypoints to implement a statewide fraud program.
And we go into their kissing themselves on the ass.
Oh, I sorry, you know, patting themselves on the ass.
That was O'Malley.
And then we had the third-party audit program.
This is from October.
Governor orders pause on all payments for 14 DHS Medicaid services until audit is complete.
Governor Tim Walz announced that he's ordered a third-party audit of billing for 14 high-risk Medicaid.
All right.
Who's the name of it?
Using funding passed during 2025 legislation, the Department of Human Services has contracted with Optum, which will analyze Medicaid fee for service claims, data, and flag potential issues for DHS review.
Optimum's analytics will identify irregularities such as missing documentation, unusually high billing, and inconsistencies.
So I'm not going to rely on the internet by any means.
I am going to go to our vivabarnslaw.locals.com community and see what the posts have been in response to that.
But I am going to determine whether or not I believe there might be fraud, potential risk for fraud that United Health might be involved in, in which case, having their subsidiaries look into fraud that might encompass their, what's the opposite of subsidiary?
Mother company.
You didn't hire a third-party contractor to investigate fraud.
You hired someone who might be complicit in it to cover it up.
I think that's it for the fraud thing.
Yes, sir.
Let me go see what's going on.
We got a James Co. just subscribed.
I don't have my, I don't have my bell, so I'll just have to go with a battery.
Why did I end up my welcome to the channel, James Co.
By the way, you can join for 40% off vivabarneslaw.locals.com promo code ChristmasAllcaps.
So go to vivabarneslaw.locals.com and you can get a $100 value for $60, I think.
I want to say $60 because if it's $40, at least you'll be happier.
And if I say $40 and it's $60, you'll get angry.
Tim O'Malley was the head of the socials, was head of social security under Joe Biden.
We got Dan Sundon says, remember, the Somali relocation started back in 91-92.
Maybe we should start the fraud review from that point.
What was I going to say?
Oh, look at that.
It's two Vivas.
If you want to join our VivaBarnesLaw.locals.com community, you can do all caps Christmas for 40% off.
King of Biltong's in the house.
Before we get into our, you might hear some people making some noise in this house.
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This is the easiest thing to audit.
How can the Minnesota government pay companies without validating the invoices are real?
Simple.
They all had their hand in the cookie jar.
No question at all.
But you see the photograph right here of Brian Cole Jr., the so-called alleged January 6th pipe bomber, which is going to be the segue into our next story.
Brian Cole Jr., the man suspected, accused, arrested, charged with planting the January 6th pipe bombs.
A 30-year-old, apparently autistic, borderline, semi-verbal, unclear, a man who has escaped, evaded law enforcement for the last five years, a mastermind who started buying the pipe bomb components a year and a half to two years before he even planted the pipe bombs, has been arrested.
He was arrested about a month and a half after Steve Baker from Blaze put out an expose, a bombshell expose, identifying who Steve Baker thought was responsible for planting the pipe bombs.
And the person that Steve Baker thought was responsible, who he detailed in his expose, happens to be a Capitol police officer and happens to be a Capitol police officer that was in fact on the Capitol premises on January 6th, firing rubber bullets and tear gas into the crowd in a not less than lethal manner, in a potentially lethal manner.
So although her attorney has denied that she has any involvement in planting the pipe bomb, admitted to everybody, even to Julie Kelly, who admitted that this Capitol police officer violated civil rights by firing on the crowd in the manner that she did.
She was identified by Steve Baker as being the potential pipe bomber.
A month after that, the FBI, the DOJ, announces the arrest.
They finally found the man, Brian Cole Jr., a man who was 25 years old, according to all of his neighbors, dysfunctionally autistic, did nothing but walk his chihuahua with his headphones on, barely said two words to anybody.
A man who, a mastermind, who purchased these pipe bombs material over years, years before the event, then got so apparently angry with the results of the 2020 elections, he decided to build the pipe bombs, plant the pipe bombs, and he somehow evaded arrest for over five years.
He's been arrested.
He's been detained since his arrest.
And the government has made a motion requesting detention of Brian Cole Jr. pending his trial, until his trial.
Eighth Amendment of the Constitution, unreasonable bail be damned.
They want to detain this man until his trial, because as they say, and as we'll see when we go through that proceeding, he poses such a risk to the community that detention until his trial is the only way of ensuring that this man who has been on the land for five years, never had a criminal record before, never had a run-in since, didn't try to flee, didn't carry out any violence, didn't resist arrest, never had any issue.
He's such a menace to society that they need to lock him up, detain him until his trial.
But before we even get into that, because the most amazing thing is another motion that they filed, which is the motion to confirm the preliminary hearing date, which is tomorrow.
This is it.
Yes, this is a motion that they filed.
When was it filed?
I'm going to scroll down to the bottom.
Hold on.
Sorry.
This is the one to pretrial detention.
Sorry, wrong one.
Let me get this out of here.
Stop sharing.
I want to get the one which is.
Am I going to, am I going to, it's this one.
My fat fingers.
No, that's the same one, Viva.
Get your stuff together, man.
It's this one.
I'm going with the first one here.
50-50.
Government's motion.
Do I have the same file open twice in the back?
Hold on.
This is driving me crazy.
And this is to confirm a preliminary hearing.
Oh, I see what's going on.
It doesn't get over the.
Okay, so here we go.
Let me bring this one up.
Third time's a charm.
Hopefully.
We want the motion to confirm the pre-trial hearing date.
Is it going to allow me to bring this up?
Here we go.
Thank you.
Defendant Brian Cole Jr.'s motion to confirm preliminary hearing date because it would seem this man's been detained since he was arrested.
And it would seem that the government might not be ready or might be trying to push back his preliminary hearing date.
Were they debate probable cause?
It's a short document.
We're going to walk through it.
United States District Court for the District of Columbia.
Defendant Brian Cole's motion to confirm preliminary hearing date.
Defendant Brian Cole Jr., through the undersigned counsel, respectfully moves the court to one, confirm the hearing date already set for the 30th, which is tomorrow.
I'll be following this.
That it'll proceed in accordance with Rule 5.1, which is, you know, to have your hearing date within 14 days of arrest, whatever, but they've consented to a bit of an extension because of the volume of documentation the DOJ dumped on Brian Cole.
Parties previously set December 30th as the date for the detention hearing.
Defendants, defense did not waive the right to a preliminary hearing.
To the contrary, consistently expected to proceed on December 30th.
On December 28th, 2025, when pressed on the question of proceeding with the preliminary hearing on December 30th, the government asked to push the preliminary hearing to January 7 or 8.
This is the man who's already been detained, Brian Cole.
You know, a man who's been separated from his headphones and his video games, who is, by all accounts that anybody knows, autistic.
The only question is the degree to which he's autistic and his level of functionality.
Now, the CDOT, what's another week in detention?
This is how the system works, by the way.
It's not just, you know, when they arrested Trump and we saw how the federal prosecution system can be weaponized, and everyone's like, they've been doing this forever to everybody.
It's just now because they're doing it to Trump that it's being exposed and people are outraged at the levels of abuse.
Now we're witnessing this with Brian Cole Jr.
He's been in jail, detained since his arrest.
And now they've just, let's push it back another week.
The request comes too late, does not meet Rule 5.1's vigorous standards.
The court should confirm the hearing date.
Federal rule, we get into it.
The rule is that you have to have your date within a certain timeframe.
And they agreed to a consent postponement to December 30th.
And apparently the government wants to push it back a little more.
Why?
Who knows?
In its email to defense counsel, the government has identified no extraordinary circumstances.
Rather, the reasons referenced are ordinary scheduling matters and the possibility of a forthcoming indictment.
Rule 5 does not allow the preliminary hearing date to be extended merely to accommodate the pace of the grand jury investigation.
So there might be an indictment because they didn't proceed by way of indictment.
Remember that?
You know, salient detail.
Statutory framework is equally clear, Section 30.
Okay, whatever.
So you have to have it within a certain timeframe.
Courts enforce that mandate.
Yada yada yada.
To be clear, Mr. Cole, through counsel, consented to an extension until Tuesday, December 30th, but he has not consented to any further delay.
As a result, December 30 is the proper timely date for the preliminary hearing under Rule 5.1.
The government's desire to accommodate ordinary scheduling.
The government's desire to accommodate ordinary scheduling or the pace of a grand jury is not a lawful basis to continue the hearing for which it has had more than three weeks to prepare.
You know, when we talked about the indictment against James Comey, slop, garbage in, garbage out, last-minute rushed indictment that has now been tossed.
And last I checked, it hasn't been refiled.
It looks like we got another case of this here.
Just slop, rushed work.
And now they expect the guy, Brian Cole, to be detained so they can continue their grand jury investigations and try to get an indictment.
The court should therefore confirm that December 30th will proceed.
Will proceed as the Rule 5.1 preliminary hearing and enter an order that the government must be prepared to present evidence establishing probable cause and for reasons of efficiency and fairness that the detention hearing be heard the same day.
There's a chance that they don't even have sufficient probable cause of this case.
Understand that as well.
Hold on one second.
Stop playing piano.
Give me one sec.
Stop playing piano.
Thank you.
All right, now, where was I because I was distracted by the wonderful music?
Were we here?
The government already has indicated it will seek detention and invoke a rebuttal presumption, coordinating the detention determination with the preliminary probable cause determination, avoids serial litigation, concerns judicial resources, and protects Mr. Cole's statutory rights, consistent with Rule 5.1D.
Court should further make clear that no continuance beyond December 30th will be granted.
If the preliminary hearing is not held within the period fixed in compliance with Rule 5.1 and absent, yada, yada, yada.
Conclusions.
Defendant Cole respectfully moves the court to grant the motion in full, confirmed December 30th date will proceed.
Direct the government to be prepared to present evidence and to deny any further continuance absent the strict rule.
Yada yada yada.
They're going to present their evidence.
We're going to see whether or not there's actually sufficient probable cause for this arrest.
We've gone through the indictment.
Mike Benz said it was a strong indictment.
I said, when Mike Benz says that, that's a strong endorsement.
But we have since had a number of other investigative exposés delving into that.
And that wasn't, it wasn't an indictment.
It was the affidavit for arrest.
It might not be as strong as everyone thought it was.
Oh, Eric John Pizza said thanks for the raid last night.
That is a feature on Rumble that allows you to roll in your audience into someone else's crowd.
Eric John Pizza, fantastic.
Thank you and enjoy.
They're still playing the piano.
It's not even like, if it were a better piano, it would be even more distracting.
Okay, that's the motion to not postpone the preliminary hearing scheduled for tomorrow.
We would all be following it.
We're going live at three o'clock.
It's going to be a sidebar-ish, but I'll be following that and doing updates on that.
The government filed a motion as well.
And if you haven't seen this motion, which I don't think you have, you're going to have to see this.
First of all, it's the, here we go, respectfully submitted.
This is the attorney.
Wait, is this the one here?
No, this is the.
Now I'm pulling up the.
No, so I got the memorandum for pretrial detention.
It's not the right document.
No, that is the right document.
Okay, good.
Memorandum for pretrial detention is the government saying we want to hold Brian Cole until his trial.
And what they've said in this motion is actually kind of amazing, kind of stunning.
Remember, when we went through the affidavit, and I'm like, oh, they've alleged that he bought the pipes, the caps, the cables, the steel wool, and that he just put together the black powder.
And I'm like, when did he buy the black powder?
When did he buy the materials for the black powder?
They've got him buying everything under the sun except, I won't, you know, the ingredients that go into making black powder, sulfur, potassium nitrate, saltpeter.
I said, why didn't they allege?
Why don't they have evidence of when he bought the actual ingredients for the black powder?
Listen to this.
United States buying through its attorney, United States Attorney for the District of Columbia, respectfully submits this memoranda in support of its oral motion for defendant Cole to be detained pending trial.
That means locked up until they have his trial, whenever that is.
You know, and we've seen what happens to people in federal detention.
Defendant is charged by complaint with transporting two explosives, IEDs.
Government seeks pretrial detention under Rule 18 USC, whatever it is here.
Section 844 is listed as a federal crime of terrorism, yada, yada, yada.
Opined upon finding a probable cause that the defendant violated Section 844i.
The federal bail statute creates a rebuttable presumption that no conditions will reasonably assure the community's safety if the defendant is released pending trial.
The defendant cannot rebut this presumption, considering the extreme and profoundly serious nature of his crimes, the overwhelming evidence of his guilt, the years he has spent deceiving those around him to avoid accountability.
And listen to this, this is the part that's just like the kicker.
And the intolerable risk that he will again resort to violence to express his frustration with the world around him.
Who the hell wrote this?
The court should detain him pending trial.
Who the heck wrote this?
What reads like a high school drama?
He will resort to violence to express his frustrations with the world around him.
He will again resort to violence.
By all the allegations out there, he's only resorted to violence.
I say only in the allegations of having allegedly planted those pipe bombs based on the what I now consider to be maybe less than strong evidence in their affidavit.
He's been on the lamb.
He's been on the run for five years.
What has he done?
Walk his dog twice daily?
It's crazy.
December 4th, he was arrested.
January 5th, charges against the defendant.
Yada, yada, yada.
We know that.
This is what the evidence is.
This is largely a reiteration of the evidence in the affidavit.
They talk about how he was driving his 27-10, 27.
This is the night of the bombs being planted.
24 minutes later, 7.34 surveillance video first captured the defendant walking approximately one half mile from the South Capitol Street to the intersection.
That's captured in the video.
And shown below, the defendant was holding a backpack.
All right.
So they say he allegedly planted the bombs.
We know this.
The footage also showed the defendant, who investigators from the FBI, based on height analysis of video, estimated 5'7 with a margin of error of 1.1 inches, putting on a pair of glasses.
Defendant is approximately 5'6 inches and wears corrective eyeglasses.
739, five minutes later, he's captured on surveillance video.
We know all of this.
They got him allegedly based on the pings.
You know, the pings have their own problems, considering two of the pings are within the outermost limits of what the cell towers are able to capture by way of ping of the cell phone.
So we go over that.
We've already done that.
We have the pipe bombs about 20 minutes later, 815.
The defendant's cell phone interacted with the cell tower consistent with him being in the area of Rumsey Court, southeast, in the area.
Can mean a lot of things.
Surveillance video showed approximately 8.14.
Defendant exited Rumsey Court and walked westbound.
By the way, what the video showed is the hoodie person, which we're being told to believe is Brian Cole Jr., a man who has disproportionately short legs, a man who everybody who knows him says is not him walking in the video.
So that's what they're telling me.
Okay, fine.
We know all of this stuff.
They talk about the pinging, and we've gone over the pinging, where these are the towers.
This is what they can measure.
And a couple of the pings were very much on the outer limits of the reach of these cell towers, which I think are 120 degrees.
Pipe bombs.
Here's this pipe bombs that the defendant planted near the RNC did not detonate.
Okay, fine.
We want to get into the interrogation.
Both pipe bombs were manufactured using a collection of components and a main explosive charge.
I'm not, they're really showing you some detail here.
The FBI obtained records showing his credit cards.
He bought some of the parts January 18th to 2021.
Yada, yada, yada.
Between 2018 and 2020, the defendant purchased numerous components.
2018, January 6th, or January 5, 2021, years before they got him buying these components.
By the way, remember the question that I did ask is: he bought a timer.
Did he buy the timer that was used on these pipe bombs?
That's, I would imagine, is pretty easy to determine.
If he bought two timers, fine.
Were they the very same model?
Maybe not the serialized number.
I don't, maybe you don't have that.
Did he buy the same model?
That is easy enough to determine.
And we don't have an answer to that question.
He bought safety glasses, wire stripping, all this stuff.
Okay, fine.
So we got that part.
Defendant's arrest and confession.
Listen to this.
And operate on the basis that, you know, we don't have evidence to the contrary.
This is an Autistic 30-year-old.
You want to talk about false confessions that you get from cognitively fully functional adults like Michael Flynn, who gave a false guilty plea to spare the prosecution of his son, Michael Flynn, who is not autistic.
You wonder what they can get away with with people who are mentally vulnerable.
December 4th, 2025, law enforcement executed an arrest warrant for the defendant, took him into custody.
Search warrants were executed on the defendant's person, his home, et cetera, and his car.
By the way, remember also, apparently they haven't taken his Nissan Centra in as evidence.
They have not seized his vehicle as evidence.
Samsung's telling the device was seized from the defendant's person at the time of his arrest.
A forensic review of the device's contents showed that between December 2020 and December 2025, the device recorded 943 events identified as factory reset or wipe, including approximately three hours before the defendant's arrest on December 2025.
Choking on my own tongue here.
My question is: I didn't know that you could actually verify how many times a phone has been factory reset.
What I find interesting here is they say they've identified 943 events identified as a factory reset.
They don't say factory resets.
So the question I'm asking is: might it have been another time?
I don't even know how to, what sense to make of this, but apparently he is compulsively wiping his phone, compulsively factory resetting his phone.
So we won't be seeing any videos of him playing with his puppies at the time the pipe bombs were placed.
Bada bing, bada boom.
Remember, that was the alleged alibi of the person Steve Baker identified in his expose playing with her puppies at the time the pipe bombs were placed, except the individual that Steve Baker identified did not have puppies, plural, but only had one dog that was an adult at the time the pipe bombs were placed, or at least a mature dog inside the defendant's home.
Law enforcement recovered, among other evidence, a Home Depot shopping bank containing three black iron caps, galvanized cap, and a Home Depot receipt dated November 16, 2020.
As I read this, I just keep having more questions.
He had a receipt from five years ago when they arrested him inside the defendant's home.
They recovered evidence when they arrested him on December 4th, a Home Depot receipt from 2020.
He wiped his phone 943 times, presumably to evade arrest or to conceal his wrongdoing, but held on to a receipt from five years earlier.
Okay.
And we got some other documents here.
Okay, fine.
Following his arrest, defendant was transported from Woodridge, Virginia, to the FBI's office.
He was interviewed.
During the interview, which was video recorded, the defendant initially denied manufacturing, transporting, planting, the pipe bombs.
When asked about his whereabouts on January 5th, defendant stated he drove his nissan to Washington by himself that evening to attend a protest concerning the outcome of the 2020 election.
Defendant explained, I didn't agree with what happened, yada, yada, yada.
He's never really been openly political, does not discuss politics to avoid conflict.
He doesn't discuss politics often with family to avoid conflict and yet decides to blow something up because of his political orientations.
Okay.
According to defendant, no one knows his political views, including his family.
Defendant stated that he did not align politically with his family members and did not tell them that he was going to protest in support of President Trump.
Later in the interview, by the way, he waived his Miranda rights.
So this is without counsel.
Let me just make sure that I got that part right.
He actually, yeah, here we go.
He executed a written waiver of his Miranda rights.
If this kid is in fact autistic, how does an autistic individual who might not be able to consent to certain contracts consent to waiving his Miranda rights?
Okay, speaking without an attorney.
Later in the interview, defendants explained that after the 2020 election, something was wrong.
He began following the issues closely on YouTube, read it, felt bewildered.
Okay, fine.
As the interview continued, defendant maintained that he'd not plant the bombs.
However, when the defendant was shown a picture of the Nike Air Max speed turf shoe, he admitted that he used to have a pair.
Like that or the pair, and that he threw them away because they were old and they were coming apart.
Did he buy them?
Do you have the receipt of him buying the shoes?
You got a receipt of him buying the pipe bomb, the pipes, sorry, the wires, goggles.
Do you have a receipt of him buying the shoes?
Did he get them at a thrift shop?
Cash?
Did he order them online?
Does he have purchase, proof of purchase of these shoes?
Okay, fine.
He used to have a piece.
He says he used to have he threw them out.
Approximately two hours.
After approximately two hours, during which the defendant maintained that he had not planted the bombs, one of the interviewing agents asked if he wanted to end the interview.
Defendant responded that everything is just blank and a little too much to process.
So they kept going.
They then suggested that the defendant look at a video footage from the night of January 5th.
When defendant was shown a still image of himself on surveillance, the interviewing agents reminded the defendant that, oh, here we go.
When the defendant was shown a still image of himself on surveillance, he stated he did not recognize the person and had not previously seen the video.
The interview agents reminded him that lying to them was an additional criminal offense.
Oh, let's intimidate the autistic kid.
Faith he lies.
If you don't admit to this, you're going to go to jail for lying.
This time he paused for about 15 seconds, placed his head face down on the table, and answered yes.
After the defendant's admission, the interviewing agents explained to him that they could either continue to discuss his actions on January 5, or they could stop the interview and transport the defendant to the court for his initial appearance.
They explained his yada, yada, okay, fine.
Over the next proxy one and a half hours, the defendant walked the interview's agents through his construction, transportation, planting, and the pipe bombs.
Defendant explained that he made the black powder in the devices using charcoal, lily miller sulfur dust, and potassium nitrate that he purchased from Lowe's.
Do we have the purchase receipts for this?
If they did, I mean, it would be damning.
They got the purchase from Home Depot for the pipes, for the wire.
Do they have it for the potassium nitrate?
Defendant mixed those ingredients in Pyrex bowls, yada, yada, yada.
Regarding the construction of the devices, defendant explained that he used a hand drill.
Okay, fine, whatever.
Defendant stated that he transported the devices to Washington, D.C. inside a shoebox.
He wore a mask and a hood that evening to avoid identification.
He wore gloves to avoid leaving fingerprints.
According to the defendant, he was not really thinking about how people would react if the bombs went off.
He said they were grateful that they didn't.
Argument.
Then they go into why he has to be detained.
Just appreciate, by the way, one other footnote here.
The first factory reset or wipe event took place on December 15, 2020.
Is that not even before January 5th, 2021?
So he wiped the phone before he planted the bombs.
The next such event did not occur until July 15 at 2022, two years later.
From that date, the factory reset or wipe events occurred at least once a week.
On some dice, on some days, the device appears to have been wiped multiple times in the same day.
So he wiped the phone before planting the bombs and then just got into a wiping frenzy.
Can't stop wiping.
We don't need to go into the law.
They just basically go through all the criteria, poses an intolerable risk, danger to the community if released.
Weigh the four factors, the nature of the circumstances of the offenses, the weight of the evidence against the defendant, his history characteristics, the nature of the seriousness of the danger posed to the community that would be posed by his release.
They fail, in my view, on all four of these.
And so we go through them one by one, which I won't.
Nature of the offenses, weight of the evidence against the defendant.
Overwhelming.
Defendant's history.
Oh, although he has not had any prior contact with the criminal justice system, his personal history and circumstances demonstrate the conditions, less restrictive than detention, will not reasonably assure the community's safety while this case proceeds.
Horse crap.
Danger to the community.
He confessed.
Put simply, the defendant poses an uncommonly serious danger.
So serious, when they went to arrest him, they didn't cordon off the block and evacuate his neighbors because of the risk of pipe bomb explosion.
Respectfully request the court grant this motion to detain the defendant pending trial.
Okay.
It's outrageous.
And I don't know.
I don't know if I'm too biased, already, already foregone in my conclusions that I don't believe that it's him.
I would even concede that even if you believe it's him, pre-trial detention is absolutely outrageous.
Arguing those four conditions in favor of his pretrial detention is untenable, to put it mildly.
And it's as though now the Constitution doesn't exist just because, you know, people are willing to sacrifice the Eighth Amendment because their political party is in power and they want to have this victory, have this W.
They found the pipe bomber, an autistic 30-year-old kid with no criminal record, don't have the receipts for his shoes, don't have purchase receipts for the potassium nitrate, the sulfur.
And the evidence that they have are pings in a cell tower that are on the limits of what would put him there in any event.
And he might have been something of a DoorDash driver delivering food in any event.
That's it.
Now I've just gotten the head nod from the better half that I've got to go down for dinner now.
So we're going to have to leave it on that.
I just saw this.
Plasma Stream says, so I just did a bit of digging, and it turns out Brian Thompson, shot by Luigi, was working with Optimum that Tim Walz is getting in.
They are all, they are connected.
Brian Thompson was Minnesotan.
I'm going to check that out and see if that's actually true.
Not that I doubt you.
Just trust but verify a screenshot of that.
So people, that is it.
It's going to be a short and sweet one tonight.
Let me go see what's going on in the locals community and see how long I can do this without getting into too much trouble.
All the way down to the bottom.
Okay, I think I have to go.
Let me see what's going on.
DC jury will never convict this man.
If he gets off because they don't even have probable cause, it's going to be the biggest embarrassment ever.
Isn't it funny also?
They want to postpone to January 7th, five years after the stat, literally the statute of limitations plus a day.
I think he can consent if he doesn't have a guardian.
All right, so that's where, okay, that's it, guys.
I'm gonna have to go and not get into trouble.
Uh, three o'clock tomorrow, peeps.
Sorry for the short one.
Uh, everyone, Godspeed.
God bless locals.
There will be no after party today, but I'll uh post some, I'll post some pics of our dinner and the scotch or the martini and the beautiful, beautiful steak.
I think I've got my brother.
Actually, there's a barbecue here.
I think he actually did a barbecue outside.
So I'm gonna go uh thank my brother and locals.
You'll see pictures of dinner.
Everyone else, Rumble.
See you tomorrow, locals.
Godspeed.
God bless everyone and uh snip clip share away.
See you tomorrow, three o'clock Eastern.
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