WASHINGTON – Sean Charles Dunn has become an unexpected figure of defiance against President Donald Trump’s heightened law enforcement presence in the capital, all because of an incident involving a sandwich. This week, federal prosecutors are striving to convince a jury comprised of Washington, D.C., locals that Dunn’s actions were simply unlawful.
In a city that has resisted Trump’s federal intervention, now stretching into its third month, this might be a challenging argument for the government. Initially, a grand jury opted not to indict Dunn on a felony assault charge, prompting U.S. Attorney Jeanine Pirro’s office to file a misdemeanor charge instead.
Winning a conviction in this trial could be just as difficult for the Justice Department prosecutors, especially since murals celebrating Dunn’s sandwich throw have appeared almost overnight throughout Washington.
As jury selection commenced on Monday, the presiding judge, U.S. District Judge Carl Nichols, who was appointed by Trump, acknowledged the peculiarity of such a case being heard in federal court. He anticipated the trial to be brief, lasting no more than two days, describing it as “the simplest case in the world.”
The incident was captured in a viral video showing Dunn throwing a subway-style sandwich at a Customs and Border Protection agent outside a nightclub on August 10. This occurred the same weekend Trump declared the deployment of additional National Guard troops and federal agents to bolster police efforts in Washington.
In the video, Dunn is seen confronting a group of CBP agents stationed outside a club during a “Latin Night” event, calling them “fascists” and “racists,” while chanting “shame” at them. The footage shows him tossing the 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 a team of 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. They noted that Dunn had offered to surrender to police before the raid.
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.”
Before trial, Dunn’s lawyers urged the judge to dismiss the case for what they allege is a vindictive and selective prosecution. They argued that the posts by Bondi and the White House prove Dunn was impermissibly targeted for his political speech.
Julia Gatto, one of Dunn’s lawyers, questioned why Trump’s Justice Department is prosecuting Dunn after the Republican president issued pardons and ordered the dismissal of assault cases stemming from a mob’s attack on the U.S. Capitol on Jan. 6, 2021.
“It’s an obvious answer,” Gatto said during a hearing last Thursday. “The answer is they have different politics. And that’s selective prosecution.”
Prosecutors countered that Dunn’s political expressions don’t make him immune from prosecution for assaulting the agent.
“The defendant is being prosecuted for the obvious reason that he was recorded throwing a sandwich at a federal officer at point-blank range,” they wrote.
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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