In 1985, Sol Wachtler, the chief justice of New York’s Supreme Court, famously said, “Any good prosecutor can get a grand jury to indict a ham sandwich.” Perhaps, but it appears that indicting someone for throwing a ham sandwich may be tougher than it would appear. A grand jury has reportedly refused to indict Sean Charles Dunn, 37, shown on video shouting obscenities at Customs and Border Protection (CBP) agents standing near 14th and U streets on Aug. 10. and then striking an officer with a wrapped sandwich.
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.
The District of Columbia is known as one of the most Democratic and liberal jury pools in the country. However, this may be a case of overcharging in the eyes of the jury. As I previously noted, a sandwich is not a “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.
U.S. Attorney Jeanine Pirro promised a maximum effort and punishment for Dunn. She posted “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!’”
The jury may view this as, at most, a simple assault.
There remains the question of who revealed the vote of the grand jury. There is reportedly an inquiry into the possible violation of the grand jury secrecy rule.
There is a basis for a criminal charge for assault. A refusal to indict even on a lower offense would, in my view, be a form of jury nullification. The question is whether Pirro will now seek the lower charge. She should do so. Law enforcement officers are not some dunk-tank targets for any citizen with rage issues. There needs to be consequences, even if only a misdemeanor charge.
As I previously noted,
“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.”
Dunn has already been fired from his position at the Justice Department. He should also have a criminal charge to go with his infamous assault on officers.
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of the best-selling “The Indispensable Right: Free Speech in an Age of Rage.”
This column appeared in Fox.com
Professor Turley writes, “The question is whether Pirro will now seek the lower charge. She should do so.”
I agree. She overcharged. Let’s not act like Democrats and start overcharging on everything from trespassing to Ben & Jerry’s.
Oh so be steam rolled and act like wussies? Typical
Hi Diogenes, I always appreciate your self-restraint when political issues are involved. The victim was a federal officer, which automatically enhances the penalty according to statute. This was during a time of heightened security, and throwing an object, even if trivial, counts as physical contact. Since it was a hero and not a deadly weapon, 20 years would be too much. One year or slightly more would be acceptable. If Dunn were a Republican, he would have gotten 8 years
arrested and thrown into jail. time served.
It’s awesome that Dunn outran the pork fed j6ers working for DHS.
It he is caught how did he outrun them? To outrun would imply escape
Love that you magats question that rather than whether j6ers working for DHS.
Oh baby killer. You hold zero authority moral or otherwise
This is the kind of person who needs to be monitored closely. Tragedy follows these people when they’re not taken seriously. I sure as hades wouldn’t trust this weenie with a firearm.
Sean Charles Dunn needs to have his/her gay princess points taken away. When I viewed the initial video, I saw a gay queen dressed in a pink lace shirt, skin tight shorts in a DC gay neighborhood, he threw the sandwich like a girl, and his tantrum screamed “crazy queen has a sissy fit”. It’s not surprising the jury had sympathy for this future Ru Paul drag queen contestant. At the very least he needs to have his law license stripped. It might be helpful if he a shot of testosterone administered every 10 days to find his manhood, taken to the rifle range to learn how to shoot a weapon and how to throw a sandwich, and apologize to the alpha men he insulted with hopes he might be like them one day.
It is clear, at least that the incident was not premeditated by Dunn. Otherwise he could have had a White House sub shipped to him first. Yes, I am making light of the incident. It was a stupid thing for Dunn to do, and it cost him his job. That should suffice. I think it is a bizarre item to fixate upon with so many truly crucial issues facing us.
J6ers who were treated like terrorist for simply walking in ie grandmas, were not afforded same grace. Typical leftist garbage
“J6ers who were treated like terrorist for simply walking in ie grandmas, were not afforded same grace.”
True enough, and regrettable. Now, how far do you want to go with suspending reasonable operations of our legal system in favor of tit-for-tat retributions that will ultimately completely destroy any remaining equity in it?
Retribution mate. Without that you have nothing.
Anthony, retribution came on Election Day. The same voters who gave us a majority don’t want us to make the same mistakes Joe Stealin’ made.
“Retribution mate. ”
Interesting. That is wording I might expect from a limey, or more likely, an aussie…
It is not a matter of retribution. The next time it might be something more lethal wrapped in a Subway wrapper. See the jerk at 8:43 am.
Ano
Now, how far do you want to go with suspending reasonable operations of our legal system
********************
How many times have the dems shut down the system.
“How many times have the dems shut down the system.”
You made my point almost exactly. Do you want to try to fix the system, or finish breaking it beyond any hope of repair? There seems to be a decent chance of overcoming history and seeing a continuation or enhancement of Republican power in the midterms and in 2028. If that is the case, it is a golden opportunity, and possibly one of the very last, to repair a significant part of the major damage done to the American Republic, in ways that can persist after the Democratic Party or whatever replaces it regains the upper hand (and that *will* happen, anyone who thinks otherwise is completely ignorant of history). Are you willing to squander that opportunity just so you can gain the petty satisfaction of revenge, and gain a talking point in the relatively obscure comment section of some moderately well-known DC lawyer’s blog? Because the continued advocacy of cheap shot revenge that is no more based on the principles of that Republic than were the original offenses allegedly demanding it could potentially do just that.
I lived there for 60+ years and now I tell all of my friends and relatives to avoid DC like the plague. Which it is. Not only for personal safety but to deprive the locals of any spending by normal people.
Party on! The real rage issues here belong to trump and pirro. I totally dig this ham sandwich guy because he speaks for all of us and may in the future be exactly who we need to dismantle trump’s dictatorship.
Ok bubble user
If that guy is your version of a “hero” then it is plain for the rest of us sane and normal people to see why the Democrat party is losing so badly.
But hey! Keep partying on your way to irrelevance. It suits you.
Turley, all of those J6ers erroneously charged with felonies were given not an ounce of expectation of innocence yet here you have a guy confessing and they wont even indict……. TWO TIERS OF JUSTICE! ABOLISH DC COURTS
Good luck Judge Pirro. D.C. is chock-a-block with jury nullificationists if the accused is a leftist (like almost all of them.) Justice in D.C. is as one-sided as it gets. If the sandwich tosser were conservative he’d do time.
I think the miscreant is still fired so there is that, and from the DOJ after all. Too bad he was not in the military you could maybe use “conduct unbecoming …” “Bringing discredit upon himself and the service”. What I would still try for is the simple assault . I agree that is terrible conduct and shows disrespect to the officer and the law. We already have enough of that in D.C. and many parts of the rest of the country.
Clearly by jurisdiction. The Jan 6th indictments were like a waterfall. Jury ignoring of selected Laws is criminal in itself.
“Jury ignoring of selected Laws is criminal in itself.”
You have some citation, perhaps, of one or more successful prosecutions of a juror (or jurors), for similar nullification?
The Jan 6th indictments were like a waterfall
Eventually the source of the waterfall can be plugged. Start with George Soros and the endless “dark money” that fuels DNC / MSM antics
Trump calls for RICO charges against George and Alexander Soros
https://www.yahoo.com/news/articles/trump-calls-rico-charges-against-222400840.html
Or Trump could simply take a page from Obama’s playbook, citing threats to national security, order a drone strike on both of them. After all, like how some on here on this blog post and a previous one had claimed Sean Charles Dunn won’t ever face criminal charges due to the illiberal politics of the cesspool known as Washington D.C. Neither would George Soros nor his son, Alexander, would ever face any criminal charges in the nation’s capital. Besides, it probably would be cheaper in firing one or two Hellfire missiles than spending tens of millions in trying to prosecute the Soros (especially that of George for his decades of malfeasance) regardless jointly or separately.
There are actually two enhancements to 18 U.S.C. sec. 111. The first enhancement is warranted when there is physical contact. Physical contact bumps the penalty up from one year to eight years. Surely, Dunn’s actions meet the requirements for the first enhancement. The second enhancement involves physical injury, which did not occur in this case and which would have increased the maximum penalty to twenty years.
” The second enhancement involves physical injury, which did not occur in this case and which would have increased the maximum penalty to twenty years.”
That would have required the sub to have been built on a hard roll.
Wanna bet he’ll now sue to get that job back.
Should have shot him on the spot.
Next: Protesters armed with pool noodles.
“Next: Protesters armed with pool noodles.”
Wouldn’t ramen noodles be more consistent?
If the progressive democrat threw the sandwich at the subway employee, they would not have been indicted. I am not surprised by this, but I do not understand the values of progressive democrats or understand what they think they are accomplishing with this progressive stupidity.
I believe there is a difference between your actions against a Subway server and a officer of the law. But hey, you do you.
“I believe there is a difference between your actions against a Subway server and a officer of the law. ”
The proper course of action wrt to a Subway offering might be civil litigation over what they mischaracterize as a submarine sandwich.
Waiting for him to sue to be reimbursed for the sandwich that he threw.
‘Tis a shame. He should be given some fine or some recognition of wrong doing. So, we conclude, in contradiction to famed lawyer Alan Dershowitz, you can’t always indict a ham sandwich – even when you want to.
“in contradiction to famed lawyer Alan Dershowitz”
You and Turley seem to disagree on the source of that homily.
DC, you are the source of your own predicament.
If that isn’t the truth
Yet another Democrat with anger issues and violent tendencies. So much for their self-proclaimed “tolerance.”
EV Same as the shooter in MINI-soda.
Nothing but pure hate.