WASHINGTON (AP) 鈥� A jury began deliberating Wednesday in the Justice Department’s assault case against a man who threw a sandwich at a federal agent, turning him into a to President Donald Trump鈥檚 law-enforcement surge in the nation’s capital.
Jurors deliberated for roughly two hours at Sean Charles Dunn’s federal trial before they adjourned for the day. They’re due back Thursday.
Prosecutors told jurors that Dunn broke the law when he threw his submarine sandwich at a U.S. Customs and Border Protection agent on the night of Aug. 10.
One of Dunn’s lawyers urged the jury to acquit Dunn, a former Justice Department employee, of a misdemeanor assault charge after a two-day trial. Defense attorney Sabrina Shroff questioned why the case was brought in the first place.
鈥淎 footlong from Subway could not and certainly did not inflict any bodily harm,鈥� Shroff said during the trial’s closing arguments. 鈥淭hrowing a sandwich is not a forcible offense.鈥�
Prosecutors from U.S. Attorney Jeanine Pirro鈥檚 office said Dunn knew he didn鈥檛 have a right to throw the sandwich at the agent.
鈥淭his is not a case about someone with strong opinions,鈥� Assistant U.S. Attorney Michael DiLorenzo said. 鈥淚t’s about an individual who crossed the line.鈥�
Dunn didn’t testify at his trial. But the jury heard him explain why he confronted a group of CBP agents on the same weekend that Trump announced his deployment of hundreds of National Guard troops and federal agents to assist with police patrols in Washington, D.C.
After his arrest, a law-enforcement officer’s body camera captured him saying: 鈥淚 did it. I threw a sandwich. I did it to draw them away from where they were. I succeeded.鈥�
A grand jury Dunn on a felony assault count, part of a against the Justice Department鈥檚 prosecution of surge-related criminal cases. After the rare rebuke from the grand jury, Pirro鈥檚 office charged Dunn instead with a misdemeanor.
When Dunn approached a group of CBP agents who were in front of a club hosting a 鈥淟atin Night,鈥� he called them 鈥渇ascists鈥� and 鈥渞acists鈥� and chanted 鈥渟hame鈥� toward them. An observer鈥檚 video captured Dunn throwing a sandwich at an agent鈥檚 chest.
鈥淲hy are you here? I don鈥檛 want you in my city!鈥� Dunn shouted, according to police.
Dunn ran away but was apprehended. DiLorenzo said the agents confronted by Dunn showed “the utmost restraint.”
鈥淗e spent seven minutes trying to get them off that corner,鈥� the prosecutor said.
CBP Agent Gregory Lairmore testified that the sandwich 鈥渆xploded鈥� when it struck his chest hard enough that he could feel it through his ballistic vest.
鈥淵ou could smell the onions and the mustard,鈥� he recalled.
Lairmore鈥檚 colleagues jokingly gave him gifts making light of the incident, including a sandwich-shaped plush toy and a patch that said 鈥渇elony footlong.鈥� Lairmore acknowledged that he kept the gifts, placing the patch on his lunchbox.
鈥淚f someone assaulted you, someone offended you, would you keep mementos of that assault?鈥� Shroff asked jurors. 鈥淥f course not.鈥�
Dunn was released from custody but rearrested when a team of armed federal agents in riot gear raided his home. The White House posted a highly produced 鈥減ropaganda鈥� video of the raid on its official X account, Dunn鈥檚 lawyers said.
Dunn worked as an international affairs specialist in the Justice Department鈥檚 criminal division. After Dunn鈥檚 arrest, Attorney General Pam Bondi announced his firing in a social media post that referred to him as 鈥渁n example of the Deep State.鈥�
His lawyers urged the judge to dismiss the case for what they allege is a vindictive and selective prosecution. that the posts by Bondi and the White House show Dunn was impermissibly targeted for his political speech.
Dunn is charged with assaulting, resisting, opposing, impeding, intimidating and interfering with a federal officer. Dozens of Trump supporters who stormed the Capitol were convicted of felonies for assaulting or interfering with police during the Jan. 6 attack. Trump pardoned or ordered the dismissal of charges for all of them.
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