A former employee of the Justice Department who threw a sandwich at a federal agent during the law enforcement surge under President Donald Trump in Washington was acquitted of assault on Thursday. The viral video of the sandwich incident made Sean Charles Dunn a symbol of opposition to Trump’s use of federal agents to address crime in the capital. The misdemeanor acquittal represents a setback for prosecutors who have faced criticism for their handling of criminal cases stemming from the law enforcement surge.
During the trial, prosecutors argued that Dunn violated the law by throwing his sandwich at a U.S. Customs and Border Protection (CBP) agent on the evening of Aug. 10. Dunn’s defense team contended that it was a harmless act of protest protected by the First Amendment and urged the jury to acquit him of the misdemeanor assault charge.
Dunn, who did not testify at the trial, explained that he confronted a group of CBP agents on the weekend Trump announced the deployment of National Guard troops and federal agents to support police patrols in D.C. A grand jury declined to indict Dunn on a felony assault charge, leading to a misdemeanor charge by the U.S. Attorney’s office.
During the incident, Dunn called the CBP agents “fascists” and “racists” and threw a sandwich at one agent’s chest while shouting, “Why are you here? I don’t want you in my city!” Despite the confrontation, Dunn was apprehended, and prosecutors highlighted the agents’ restraint in dealing with the situation.
CBP Agent Gregory Lairmore testified that the sandwich hit his chest hard enough to be felt through his ballistic vest, describing the smell of onions and mustard from the impact. The defense questioned Lairmore’s decision to keep mementos related to the incident, such as a sandwich-shaped toy and a patch labeled “felony footlong.”
After the trial, Dunn expressed relief and a desire to move on with his life. His lawyers argued that the charges against him were selective and politically motivated, pointing to statements made by Attorney General Pam Bondi and the White House following his arrest. Dunn faces charges related to assaulting a federal officer, with comparisons drawn to the handling of cases involving Trump supporters in the Capitol riot.