Man who threw sandwich at federal agent in Washington is found not
guilty of assault charge
[November 07, 2025]
By MICHAEL KUNZELMAN
WASHINGTON (AP) — 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 in the latest legal rebuke of the federal intervention.
A viral video of the sandwich tossing made Sean Charles Dunn a symbol of
resistance to Trump’s deployment of federal agents to combat crime in
the nation’s capital.
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 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 ran away after hitting the agent with the sandwich but was
apprehended. He was released from custody but rearrested when 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.
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.”
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Posters of a person throwing a sandwich are pictured along H Street,
Aug. 17, 2025, in Washington. (AP Photo/Julia Demaree Nikhinson,
File)
 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. Dozens of Trump
supporters who stormed the Capitol on Jan. 6., 2021, were convicted
of felonies for assaulting or interfering with police during the
attack. In January, Trump pardoned or ordered the dismissal of
charges for all of them.
___
Associated Press reporter Alanna Durkin Richer in
Washington contributed to this report.
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