A man accused of assaulting a federal officer by throwing a Subway sandwich at him during the Trump administration’s law enforcement surge in Washington, D.C. was found not guilty. Despite video evidence of the incident and the officer’s testimony, the jury deliberated for seven hours, ultimately determining that the sandwich did not constitute an assault. The defense focused on the lack of bodily harm, highlighting the trivial nature of the incident and the officer’s colleagues’ reaction, which included gag gifts mocking the event. This verdict underscores the continued resistance of D.C. residents and the willingness of the U.S. Attorney for D.C. to bring assault cases to federal court, regardless of their perceived weakness.
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During the trial of a Washington D.C. protester, a Customs and Border Patrol agent testified that a sandwich thrown by the defendant “exploded” upon impact with his uniform. The incident, captured on video, involved the protester hurling the sandwich and obscenities at officers deployed by President Trump. While the defense argues the act was harmless, the prosecution maintains that the act constitutes a misdemeanor assault, even though felony charges were initially sought. The incident has gained attention as the deployment of federal agents to the city sparked controversy.
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Jury selection is set to begin Monday in the federal trial of a D.C. man accused of assaulting a federal agent with a Subway sandwich in August. The defendant, Sean Dunn, faces a misdemeanor assault charge after a grand jury declined to indict him on a felony count, prompting debate over jury instructions regarding the legal definition of assault. Key legal issues include the defendant’s claim of vindictive prosecution and a motion by prosecutors to prevent jury nullification by restricting the defense from introducing certain evidence or arguments about the case’s political context and penalties. Prosecutors are concerned about the potential for jury nullification due to the circumstances surrounding the arrest and the case’s political nature.
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On August 10, 2025, former DOJ employee Sean Charles Dunn allegedly threw a sandwich at a Customs and Border Protection officer in Washington, D.C. Initially, prosecutors sought a felony assault charge, but after failing to secure a grand jury indictment, they proceeded with a misdemeanor assault charge instead. Dunn was subsequently fired from his position at the DOJ. The U.S. Attorney’s office, led by Jeanine Pirro, is prosecuting the case.
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John Q. Hosedrinker