Sean Charles Dunn, 37, appears to have arranged for the ultimate take-out order. After spotting CBP agents outside of a Subway shop, Dunn proceeded to abuse them verbally. That is protected speech. What is not is taking your sandwich and heaving it at an officer. Dunn is now facing a charge of felony assault on an officer. U.S. Attorney Jeanine Pirro now wants to throw the book at him. Just in case anyone is interested in the intersection of culinary and criminal matters, I pulled up the relevant statute.
Daina Henry, a transit police detective, gave the details of the incident in a criminal complaint. Dunn at first walks away before returning and continuing a profane diatribe against the officers, who remain calm. It shows Dunn raving, “F**k you! You f**king fascists! Why are you here? I don’t want you in my city!” Dunn then throws his sandwich at officers and runs away with officers in close pursuit.
Dunn appeared to shrug off the incident, saying “I did it. I threw a sandwich.”
It is a little more than that.
I assume that the charge is brought under 18 U.S. Code § 111 – Assaulting, resisting, or impeding certain officers or employees:
(a)In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
(b)Enhanced Penalty.—
Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
I am assuming that a sub sandwich is not “deadly or dangerous weapon” (It is more of a deli weapon). Moreover, there was no infliction of bodily injury in the case to justify an enhanced penalty.
However, Dunn is still looking at a maximum sentence of eight years, though that is highly unlikely. His actions certainly appear to satisfy the element of a simple assault.
His counsel could hope for jury nullification in Washington, D.C., but absent a favorable judge or jury, the language of the statute leaves little room for a defense. That could leave defense counsel pushing for a plea to a lesser offense, but U.S. Attorney Jeanine Pirro is clearly not in the mood for negotiations, posting “He thought it was funny. Well he doesn’t think it’s funny today because we charged him with a felony: Assault on a police officer. “So there, stick your Subway sandwich somewhere else!”
Making this all the more bizarre is that Dunn was a Justice Department employee with the Office of International Affairs within the criminal division. He was promptly fired. (Update: there are now reports that Dunn is an actual attorney. However, other reports say that he held a position similar to a paralegal and his name does not appear on the D.C. bar. If he is a lawyer, he could not be subject to a bar action for his alleged assault on law enforcement.)
Dunn created this incident and wanted the notoriety. He succeeded. I expect that there will be a GoFundMe effort to cover his legal costs and he will enjoy a certain celebrity status. However, while this is not a significant assault, it is an assault on an officer. While he may have been a protester, neither he nor his sandwich qualifies as a hero.
That is why he may have to forget about any light plea bargain.
Now Pirro is likely to say you can stick a fork in yourself because you’re Dunn.
Dunn was employed by the DOJ. Emphasis on “was”. He is now charged with a felony AND unemployed.
Dunn proceeded to abuse them verbally. That is protected speech.
Whoever wrote that – I’m not sure they watched the video. Those were the very definition of “fighting words” that lie outside the First Amendment’s protective scope. (Fighting words are “face-to-face words plainly likely to cause a breach of the peace.” Chaplinsky v. New Hampshire (1942).) If Dunn is also charged with disorderly conduct based on his face-to-face yelling of obscenities at the top of his lungs, a First Amendment defense would fail.
Folks like Oldman, Upstate, Lin, Think it Through, Whimsicalmama and a few others make this already great site even better. Keep up the good work!
Thanks bobby, I appreciate it 🙂
New billboards blanketing DC “Use a sandwich, Go to Jail”.
Meanwhile da Amish are out there keepin on killin.
The good professor brings up the possibility of “jury nullification.” Notwithstanding a judge’s ability to render JNOV (judgment notwithstanding the verdict-JNOV is generally considered not available in nullification cases as possibly a 5th amendment violation against the defendant in the case),
Still-and importantly, the Ninth Circuit Court of Appeals has UPHELD, in another case, three sentences of jury instructions that said, “…you cannot substitute your sense of justice, whatever that means, for your duty to follow the law, whether you agree with it or not. It’s not your determination whether a law is just or whether a law is unjust. That can’t be your task.”
The Ninth Circuit also noted, “The [district] court had no duty to make the jury aware of its power to nullify, and properly instructed the jury that it could not (1) substitute its sense of justice for its duty to follow the law, or (2) decide whether a law is just or unjust.” United States v. Kleinman, (2018). https://cdn.ca9.uscourts.gov/datastore/opinions/2017/06/16/14-50585.pdf
https://twitter.com/WesternLensman/status/1955641913815810167
🤣
Keep stepping in those obvious traps, Democrats! Hahahaha
And let’s us watch their (the demwits) already historically low approval ratings go even lower after this. 🤣
The agent ordered a footlong sub and only got a six inch! FELONY!!
That is what happens to me every time I hookup with a gay Democrat. They brag about their footlong but when he drops his dressing it is at best 6”. Even Gigi’s is bigger!
🌭
The struggle is real
THEORY OF SPECIAL RELATIVITY
“TWO AND THREE QUARTERS TO THREE AND ONE QUARTER INCHES”
“They looked at 100 women who had never been pregnant and found that vagina lengths range from 2.75 inches to about 3¼ inches.”
– WebMD, Women’s Health
I’m looking forward to this weekend when more of these limp-wristed losers like this guy take on the guard in order to defend their criminals. What a perfect demonstration of the modern Democrat party in action.
I see that Democrats fell into another 80/20 trap, and are now actually defending street crime, carjackings, and murders. What a party.
Love that footage of the bulked up white guy saying trump wants social crimes like smoking and drinking on the street patrolled.
Hilarious. Immediate query for those guys should be: oh you want us hanging out committing fraud and f#$king children instead? Grabbing pussy?
“Love that footage of the bulked up white guy saying trump wants social crimes like smoking and drinking on the street patrolled.
Hilarious. Immediate query for those guys should be: oh you want us hanging out committing fraud and f#$king children instead? Grabbing pussy?”
Anyone have any clue what this moron is going on about? None of this makes any sense.
No. He/She or They is very literally a nonsense person. As in, makes no sense whatsoever. I don’t think it even knows what it’s saying either. (I don’t want to misgender it). But, mental illness runs hard and deep in the left so I always assume that if I can make sense of what they are saying/screaming, then there might be something wrong with me. (That said, who in the world is the bulked up white guy? Is that white guy in the room with the poster now?)
Since when was DC open container? Are you going to keep spazzing out, or are you tuckered out finally?
Ha!!!!
This should be going down on DC streets every night. Make them corn fed ‘roided boys have to run.
Another day, another trump grift. Trump can channel fed ops $ to himself personally rather than fund local police who are actually trained to handle the street.
Any oversight of the freakshow in LA should immediately focus on how much of the budget for it he personally stole.
“This should be going down on DC streets every night. Make them corn fed ‘roided boys have to run.
Another day, another trump grift. Trump can channel fed ops $ to himself personally rather than fund local police who are actually trained to handle the street.
Any oversight of the freakshow in LA should immediately focus on how much of the budget for it he personally stole.”
Does this make sense to anyone?
If it doesn’t you’re a moron.
“If it doesn’t you’re a moron.”
Ok then. I bow to your geometric logic.
I’m so old I remember when ranting crazy people on the street corner were actually amusing to watch. You’re just sad.
Wow – witty rejoinder.
Where do you get these insane theories? Why would Trump need to take fed funds meant for crime ops? He’s not a Biden family member after all. Or, the Californian politicians who stole $100 million meant for fire relief victims and instead sent it to Dem political organizations.
The National Guards are not armed and are sitting ducks. I’m not sure if they have the bare minimum, like a can of pepper spray.
“The National Guards are not armed and are sitting ducks.”
You’re sure about that? Really? Go ahead, try them.
“The National Guards are not armed and are sitting ducks.”
Sitting ducks for what? Young girls giving them flowers? I thought that guns were almost impossible to own in DC? I thought that the crime rate was going down?? Why would the guard have to worry about anything?
Symbolic speech and expressive conduct as protected speech have long been an intriguing legal issue.
A Subway sandwich as not a deadly or dangerous weapon: true in isolation, and as to certain of Subway’s menu items, but, while The Subway Diet remains a fad to some extent, if too many, loaded with cold cuts, cheese and similar ingredients, are eaten over time, they could be.
https://leafybark.com/the-truth-about-subway-sandwiches-and-weight-loss-separating-fact-from-fiction/
The primary practitioner of “The Subway Diet” is currently in federal prison for child pornography and related offenses. I’m telling you, this company is menace, look at what its products do to people.
He sounds like a model Democrat.
Are all Democrats this crazed that they’re always on hair trigger, ready to attack the police? This is truly frightening.
The dems have had decades to indoctrinate paranoia into their sheeple. They are so willingly led by their noses that they will latch on to whatever is fed to them and express their personal life frustrations through the free venting allowed at “protest rallies”. No matter that none of them truly have a clue – just scads of premade signs and screaming points.
“Neither he nor his sandwich qualifies as a hero.” Hysterical!
As Bugs Bunny would say, “What a maroon!”
Guess he won’t be taking the subway home.
James: “Like.” good one. that was funny!
But I’m sure that you and others are creating alot of SPAM on the Internet!
@lin
Same to you, good one. 😂😂
He’s CLEARLY gonna be choking, swallowing, and bottoming in the prison showers for a few years…hope it was worth it.
😂
I have a feeling that this particular guy may not dislike the shower situation as much as you think.
What a waste of food! Some one homeless on the streets in DC could have enjoyed that!
I’m sure a DC rat enjoyed it. It was only a Subway sandwich, no big loss.
Even DC rats have standards.
The latest example of Democrats and their TDS. Pure stupidity. This guy is the perfect example of the stupid and crazy moderate sane and normal Democrats want out of their party. Moderate sane and normal Democrats need to kick these kind of people out of their party.
My question is just how these supposedly sane and normal democrats allowed these radicals to gain control of the party? I would put much faith in those so-called sane and normal democrats as I doubt that there are any, just sheeple and nutjobs.
It’s rather hard to get the dead to change their voting habits. Not to mention the voting machines themselves.
Dunn should consider himself lucky. My inference (only an inference; I may be wrong) is that after he worked himself up into a lather, he asked others where the police vehicles were that police arrived in,? –and after being told where they were, started heading in that direction…….what was he intending to do? His “crime” could have been much worse had police not been located near the vehicles….