Jurors have found a man accused of throwing a sandwich at a federal agent, which made him a symbol of resistance to the Trump administration's deployment of the National Guard in Washington, D.C., not guilty of misdemeanor assault.

Washington

A jury in Washington, D.C. has found Sean Charles Dunn not guilty of misdemeanor assault after he was charged for throwing a sandwich at a federal agent during a period of heightened law enforcement presence. The prosecution argued that Dunn's actions constituted a federal crime, while the defense maintained the case was an example of selective prosecution and did not meet the standard for criminal assault.

The trial attracted considerable public attention, with both the courtroom and an overflow room filled to capacity. The case became part of a broader discussion about the Department of Justice's approach to charging minor physical interactions as federal offenses, with juries and grand juries showing increasing reluctance to convict in such cases.

D.C. sandwich thrower found not guilty of misdemeanor assault

Jurors have found a man who became somewhat of a symbol of resistance to the Trump administration's deployment of National Guard here in D.C. not guilty of misdemeanor assault. Not guilty. He was charged with throwing a sandwich at a federal agent. Prosecutors argued Sean Charles Dunn broke the law. His attorneys called the case both vindictive and selective in its prosecution. Scott McFarlane followed all of this. And there are lots of references in the transcript, Scott, to mustard, shards of onion, and whether or not any of that amounted to assaultive behavior. Please give us the details. Every seat was filled in the courtroom for this. So they set up an overflow room next door. Every seat in the overflow room was filled for this. And I think it's obviously a very campy set of allegations, but I think it did touch a nerve with some group of people who thought that this was overcharged, that how are you charging somebody with a federal crime for throwing a sandwich at a federal agent's Kevlar vest? I think there's an understanding. You don't throw things at people. There's an understanding that this type of conduct, being in the face of a federal agent, vulgar at a federal agent, is objectionable to any number of people. But there was a concern the defense tried to express that this perhaps isn't a criminal federal matter. The jury sided with the defense on this. And it took about a day, half a yesterday, half a today, for the jury to reach its verdict. But it boils down to this. The defendant, Sean Dunn, who did not take the stand, acknowledged throwing a sandwich at the federal agent. You can't ignore that the evidence is clear that he threw a sandwich at a federal agent. Clear as day. There was a little bit of a dispute over what became of the sandwich. I'm sorry. The agent who was struck testified that it exploded into a mess of onion and mustard, left to stain, left to smell. The defense argued, perhaps effectively, that how did the sandwich explode if it fell to the ground, still in its wrapper, still intact? That's where this case went. I've never seen anything like it, but I can tell you, the interest was there. And the interest is part of a larger conversation about what this administration alleges, and in some other jurisdictions has charged, assaultive behavior in any kind of interaction, some of them very casual, some of them nothing more than a bumping of an elbow becoming a federal charge. So, kind of a window into that. Literally, the bumping of an elbow in some cases. What we've seen in the first nine months of this new Department of Justice is that grand juries have rejected cases of that sort. In fact, they've rejected a case of a woman who touched a law enforcement officer. The jury rejected this case. A grand jury had rejected it previously. Department of Justice had to try twice to bring Sean Dunn to trial. So there's obviously some pushback from juries and grand juries about this, but here's the bottom line, and there's no way of getting around this. This trial took place in courtroom 17 of the Washington, D.C. federal courthouse. I sat in that courtroom many, many times and watched many, many defendants convicted of assaulting police for January 6th. Scott McFarlane, as always, I thank you, sir, so very much.

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