A former Justice Department employee who threw a sandwich at a federal agent during President Donald Trump’s law enforcement surge in Washington was found not guilty of assault on Thursday in the latest legal rebuke of the federal intervention.
A viral video of the sandwich tossing made Sean Charles Dunn a symbol of resistance to Trump’s deployment of federal agents to combat crime in the nation’s capital. His misdemeanor acquittal is another setback for prosecutors, who have faced a backlash for how they have handled criminal cases resulting from the law enforcement surge.
There was no dispute over whether Dunn threw the sandwich at a U.S. Customs and Border Protection agent on the night of Aug. 10. But his lawyers argued it was a “harmless gesture” during an act of protest protected by the First Amendment.
Prosecutors said Dunn knew he did not have a right to throw the sandwich at the agent.
Dunn hugged his lawyers after the foreperson read the verdict. Later, he said, “I’m relieved and I’m looking forward to moving on with my life.”
A grand jury refused to indict Dunn on a felony assault count, part of a pattern of pushback against the Justice Department’s prosecution of surge-related criminal cases. After the rare rebuke from the grand jury, the office of U.S. Attorney Jeanine Pirro charged Dunn with a misdemeanor.
When Dunn approached a group of CBP agents who were in front of a club hosting a “Latin Night,” he called them “fascists” and “racists” and chanted “shame” toward them. An observer’s video captured Dunn throwing a sandwich at an agent’s chest.
“Why are you here? I don’t want you in my city!” Dunn shouted, according to police.
Dunn ran away but was apprehended. He was released from custody but rearrested when armed federal agents in riot gear raided his home. The White House posted a highly produced “propaganda” video of the raid on its official X account, Dunn’s lawyers said.
Dunn worked as an international affairs specialist in the Justice Department’s criminal division. After Dunn’s arrest, Attorney General Pam Bondi announced his firing in a social media post that referred to him as “an example of the Deep State.”
Dunn lawyers urged the judge to dismiss the case for what they alleged was a vindictive and selective prosecution. They argued that the posts by Bondi and the White House show Dunn was impermissibly targeted for his political speech.
