The man who threw a Subway sandwich at a federal agent during the initial days of D.C.’s law enforcement surge in August wants the charges against him dropped, claiming he’s being “vindictively” and “selectively” prosecuted.
Sean Dunn, a former paralegal for the Department of Justice, argued in a recently filed motion to dismiss that he would never be prosecuted for such an act if it were not for the political motivation behind it.
Dunn was arrested shortly after he threw the sandwich at a Customs and Border Protection agent during a protest at 14th and U Streets NW on Aug. 10. After a brief chase, Dunn was caught by agents, arrested and ultimately charged with felony assault by the U.S. Attorney’s Office.
He was initially told the D.C. Superior Court would not pursue charges, but after video of the infamous toss went viral, then-brand-new U.S. Attorney for D.C. Jeanine Pirro intervened with a felony assault charge.
A D.C. grand jury declined to indict Dunn on the felony, leading Pirro’s office to reduce the charge to a misdemeanor.
But Dunn’s attorneys argued no charges would be brought at all if it were not for the viral video and the “political speech” connected to the act.
In the days after his arrest, Dunn was fired from his job at the Justice Department. Then, U.S. Attorney General Pam Bondi called him part of the “Deep State” in a post on X. Not long after, Pirro posted a video with what Dunn’s legal team calls “crude taunts” — including the line, “Stick your Subway sandwich somewhere else.”
Dunn’s lawyers said he offered to turn himself in after prosecutors issued a warrant — but instead, a heavily armed SWAT team stormed his apartment. The White House later posted a dramatic, edited video of the arrest, which was complete with blaring sirens and a suspenseful soundtrack.
The viral video turned Dunn into an unexpected symbol of resistance to Trump’s federal surge in D.C. Murals and stickers of the so-called “sandwich guy” popped up across the city.
Defense attorneys argued it wasn’t until that public attention grew that Pirro decided to prosecute him.
The decision now rests with U.S. District Judge Carl Nichols, a Trump appointee, who will rule on whether to dismiss the case. If he lets it proceed, Dunn is scheduled to stand trial on Nov. 3.
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