By Michael Kunzelman
Associated Press
WASHINGTON — 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.
His misdemeanor acquittal is another setback for prosecutors, who have faced a backlash for their aggressive charging tactics during the law enforcement surge. The Justice Department had initially sought a felony assault indictment against Sean Charles Dunn, but in a highly unusual move, the grand jury declined to sign off on the felony charge. The office of U.S. Attorney Jeanine Pirro then charged Dunn with a misdemeanor.
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, 37, knew he did not have a right to throw the sandwich at the agent. Dunn shouted “fascists” and “racists” and chanted “shame” toward the group of agents who were in front of a club hosting a “Latin Night.”
“Why are you here? I don’t want you in my city!” Dunn shouted, according to police.
After the foreperson read the verdict, Dunn hugged his lawyers. Later, he said, “I’m relieved and I’m looking forward to moving on with my life.”
Court officers escorted the 12 jurors out of the building. A group of reporters followed. Several jurors, including the foreperson, declined to be interviewed.
Pirro, a former Fox News host appointed by Trump to be the top federal prosecutor for Washington, said in a statement: “As always, we accept a jury’s verdict; that is the system within which we function. However, law enforcement should never be subjected to assault, no matter how ‘minor.’”
She added that “even children know when they are angry, they are not allowed to throw objects at one another.”
Dunn worked as a paralegal for the Justice Department. 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.
Dunn did not testify at his trial, but the jury heard him explain after his arrest why he had confronted the CBP agents. A law enforcement officer’s body camera captured him saying, “I did it. I threw a sandwich. I did it to draw them away from where they were. I succeeded.”
After his acquittal, Dunn said he was trying to protect the rights of immigrants that night.
“Let us not forget that the great seal of the United States says, ‘e pluribus unum.’ That means ‘from many, one,” he told reporters. “Every life matters no matter where you came from, no matter how you got here, no matter how you identify it. You have the right to live a life that is free.”
One of Dunn’s defense attorneys, Sabrina Shroff, said the legal team was thankful that the jury “sent back an affirmation that dissent is what is not just tolerated, it is legal. It is welcome.”
CBP Agent Gregory Lairmore testified that the sandwich “exploded” when it struck his chest hard enough that he could feel it through his ballistic vest.
“You could smell the onions and the mustard,” he recalled.
Lairmore’s colleagues jokingly gave him gifts making light of the incident, including a sandwich-shaped plush toy and a patch that said “felony footlong.” Lairmore acknowledged that he kept the gifts, placing the patch on his lunchbox.
Dunn was charged with assaulting, resisting, opposing, impeding, intimidating and interfering with a federal officer.
___ Associated Press reporter Alanna Durkin Richer in Washington contributed to this report.
