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
Well it is after all, a story for the ages.
Soupy Sales, the Three Stooges, the Marx Brothers, all engaged in wanton cream pie assaults and all captured on camera as evidence. One after another cream pie is heaved onto the victim, over and over again with little to no pity, and yet no one is indicted, no one is jailed, no one is subjected to the authoritarian rule of a Grand Jury indictment for a cream pie, (or a ten inch Italian Cold Cut for that matter) assault.
AND YET, despite all logic it has happened over and over again throughout television history.
Take this example below for instance. And despite the pleadings of one of the country’s best and well known cream pie experts, a Navy sailor was never-the-less convicted of “Assault with a cream pie.”
After considering the evidence, and in consideration of the vast knowledge provided by the expert testimony of one Soupy Sales, the judge lowered the sentence. So reasonable minds prevailed and the assailant got a stay in quarters, a fine, and a demotion. But not a dishonorable discharge.
“Assault with a chocolate cream pie”
“1974: Seabee Leon L. Louie explained that the reason he hit his commanding officer in the face with a chocolate cream pie was to boost the morale of his battalion. However, the Navy failed to see the humor in what he had done and court-martialed him.”
“Comedian Soupy Sales testified in Louie’s defense, arguing that hitting someone in the face with a cream pie is comedy, not assault. Nevertheless, a jury of five officers found Louie guilty, though they gave him the lighter sentence of demotion, restriction to base, and a fine — rather than a dishonorable discharge.”
https://www.weirduniverse.net/blog/comments/assault_with_a_chocolate_cream_pie
___________________________________________
–Oddball
“Take it easy Big Joe, some of these people got sensitive feelings.”
Protestors might want to consider throwing sponges.
Disproportionate punishment is a sign of rage. 8 years for throwing a sandwich at a cop? The US Atty (Pirro) deserved to lose this one for overcharging. As to who “revealed the vote of the GJ”, there’s no way the decision of the GJ (indict vs. no bill) is meant to be kept private. Are you referring to revealing the vote count? Why would that info be sealed?
I’m glad this individual lost their job. That seems proportionate.
I was irate when the “ham sandwich” assertion was brought up during Trump vs. US in the Supreme Court, because not one SC Justice bothered to stop to comment on one of the disturbing signs of court elites overpowering juries. In that Roberts decision, you’ll recall he made the same faux pas — instead of a jury deciding whether the Presidential misdeed was official business vs. personal (the key fact to be discerned), Roberts commandeered this decision to pretrial Apellate Judges (including Supreme Court Justices). Nothing left for a dozen average Americans to decide.
Beware this trend.
Were you upset when the J6 protester lost their rights and way over-charged?
OT:
A stark reminder of what Democrats will do to America if they had their way. Cuba isn’t the only analogy. Croatia as well.
Many analogies to Democrats and the Deep State in DC. My thanks to Dr Ina Vukic for her excellent piece and blog to educate readers on what communists did in Croatia
80 Years on – Jazovka Pit Remains of Victims of Communist Crimes in Croatia to Receive Christian Funeral and Burial Rites
Lack of memory, or worse, selective memory, continues to obstruct progress of a fully democratic society in Croatia and is increasingly common in Europe. …Hence, in Croatia, still, the victims of communist crimes, people who fought for the independence of Croatia during World War Two and their plights, instead of remembrance receive condemnation by much of the official state which, regretfully, leans too far to the left of the political spectrum to be able without a significant mind-switch to treat all victims of murder equally, regardless of who committed the murders. Communist crimes’ executioners, the partisans – are still kept on the pedestal of high honour which, when looking from the perspective of some two thousand mass graves discovered during the past 35 years, they do not deserve.
https://inavukic.com/2025/08/09/80-years-on-jazovka-pit-remains-of-victims-of-communist-crimes-in-croatia-to-receive-christian-funeral-and-burial-rites/
That Video was HILARIOUS!!! Dunn is lit up like a drunk Christmas tree! It is NOT a felony. Simple Battery at most. But it is not really worthy of a criminal charge, the guy lost his friggen job, that is enough payback. Made my day-have not laughed so hard in ages. Almost thought it was a YouTube “influencer bit”…..
I agree with you 100%. Vegetable tossing was an age old method of showing displeasure with politicians and actors. I have often wanted to hit any number of politicians one in their mush with a rotten tomato. I draw the line at the can of tomatoes or the 90MPH fastball green tomato that breaks a bone or knocks them out (although many really deserve it)
The Officer was not a politician nor was he an actor. He is a federal law enforcement officer that was verbally and physically assaulted while performing his duties. This is about sending the message to the crazy blue haired people that continue to assault and interfere with LEOs performing their duties. What would YOU do if someone spit in your face or hit you with a potato thrown at 50mph? Would you want them arrested?
*. OT
Anyone have a link to Lisa Cooks confirmation hearings?
Thanks
*. Did cook have confirmation hearings? Isn’t it a job that’s a consult the Senate?
She is highly unqualified and the other DEI of the era was the deciding vote that put her fatazz in the Fed, despite her total lack of economic experience and background. She did not receive a single Republican vote, not even Lady Lindsey.
I told you so, no liberal/Democrat is going to get indicted in a politically connected trail in DC. Every conservative will get indicted and convicted no matter how innocent in DC. The politians are corrupt. The judges and lawyers are corrupt and the citizens are corrupt.
In other words they are all sandwich throwing liberal lunatics, they even know that, but they will never admit that
O-bama just posted
__________________________
The erosion of basic principles like due process and the expanding use of our military on domestic soil puts the liberties of all Americans at risk, and should concern democrats and republicans alike.
_________
I remember when you sent the IRS after people (Tea party)
Plus it also proves you enjoy crime.
DustOff,
If anyone knows about the erosion of basic principles like due process it is Obama and Biden.
I dont think they enjoy crime. They enjoy lawlessness.
Obama and Biden are crime.
I pray Obama gets indicted for his sedition and treason.
☝️People in a Qult don’t realize that they are in a Qult.☝️
And yet one of the greatest Qult is the Russiagate hoax. Followed up by the J6 insurrection Qult. The Biden is competent Qult. The inflation Qult. All of things of Qult you blindly believe in.
If anyone is in a Qult, it is you. And you prove it with every comment you make.
How marvelous!
Wayward Wally-
Confucius say women who fly airplane upside down have crack up…🤡
Qult member ^^^^.
Shhh…he doesnt know it.
He’s a double talker. Yes, the erosion of due process as in DJT persecution and J6 committee lead to lawlessness and THEN the forced use of NG to free LEOs to do their jobs as many citizens in blighted areas have prayed. In such a case, it has and is concerning to lawful citizens both Democrat and Republicans.
He always speaks with forked tongue.
Barack Obama will never be eligible for the U.S. presidency or a “natural born citizen” according to the only definition of which in the Law of Nations. A natural born citizen must have two parents, including a father, who were citizens at the time of the candidate’s birth per the Law of Nations, Book 1, Chpt 19, Sec 212. Obama’s father was not a U.S. citizen. The Law of Nations was referenced 7 times in the U.S. Constitution.
______________________________________________________________
Explicit and Implicit References to the Law of Nations, Vattel, 1758
1. Article I, Section 8, Clause 10
“To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.”
✅ Only explicit reference.
2. Article I, Section 8, Clause 11 (War Powers)
“To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.”
🔹 War, reprisal, and captures were all heavily governed by the law of nations.
3. Article I, Section 8, Clause 12–16 (Army, Navy, Militia)
🔹 The use of armed forces was constrained by law of nations norms about just conduct in war and treatment of enemy property.
4. Article I, Section 9, Clause 8 (Titles of Nobility / Foreign Gifts)
“… no Person holding any Office … shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”
🔹 This was partly rooted in law of nations concerns about foreign influence and diplomatic integrity.
5. Article II, Section 2 (Treaty & Ambassador Powers)
“The President … shall have Power, by and with the Advice and Consent of the Senate, to make Treaties … and shall appoint Ambassadors, other public Ministers and Consuls…”
🔹 The law of nations provided the rules for treaties, diplomacy, and the status of ambassadors.
6. Article III, Section 2 (Judicial Power over Admiralty, Ambassadors, and States)
“…to Controversies … between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”
“…to all Cases affecting Ambassadors, other public Ministers and Consuls.”
“…to all Cases of admiralty and maritime Jurisdiction.”
🔹 These categories come straight out of the law of nations, which governed foreign relations, diplomatic immunity, and maritime law.
7. Article VI (Supremacy Clause: Treaties)
“…and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.”
🔹 Since treaties were a prime subject of the law of nations, this tied international law directly into domestic supremacy.
– ChatGPT
I love the irony of folks on this blog supporting efforts to indict sandwich throwers on felony charges but also arguing that a president should be immune from prosecution if he commits murder in Times Square.
Who is arguing that?
The Straw Man
Paper or plastic? 😆
Nobody is arguing that. You’re delusional. That’s the only way you can even come up with a “talking point.” Of course you are also a coward, taking refuge behind an “anonymous” label to make your silly and/or deranged remarks.
OldManFromKS,
Well said. No one is making the argument “. . . a president should be immune from prosecution if he commits murder in Times Square.”
Once again, our loser leftist friends are ever so desperate to attempt to deflect from reality. On one hand, it is ever so sad and pathetic to watch. How our far-left wing leftists continue to drag down the Democrat party to lower and lower polling numbers. To drive the Democrat party fundraising money ever so lower with every one of their ever so lame, dumb or TDS infused comments here on the good professor’s blog. At some point, sane and normal Democrats are going to look at these far-left wing losers and say,
“Get the f— out of my party!”
And they would be right!
Just look at what James Carville said recently,
“Why are you bringing this up in an election!? … This is an election and the DNC is not the place to discuss this! Understand this: the DNC does not exist to right wrongs,” Carville said. “It doesn’t exist to acknowledge the more unpleasant parts of history. It doesn’t exist to make people feel good. It exists— get this through your head — to win elections! Now, do you think that is going to help us win elections … by arguing about land theft from the Dakotas? We’re not!”
Or what Democrat commentator Julian Epstein said,
“The Democratic Party is in the dumps. Every single indicator, whether it’s fundraising, party registration or ID, whether it is all of the public polling that we have on all of the lead issues from the economy to cultural issues, Democrats are cratering,”
“The reason for that is they continue to pray at the altar of these Pagan idols. Let’s erase gender. Let’s erase borders. Let’s ignore crime and erase the police. Let’s erase our energy dominance. And to most people, Ashley, these things are nuts. But they come from the academic. These ideas come from the academic and the activist left who is not concerned with voters,”
“They’re more concerned with indoctrinating enough people that they are victims, that they are oppressed. And that these activists and academics are liberators of the oppressed. It serves their career interests, but it is devastating for the party. And that is why the party’s brand is toxic,”
That is right, annoy moron, Gigi, the slow and dumb one. You are toxic to the Democrat party brand. As long as you continue to comment your stupid and crazy here on the good professor’s blog, you put another nail in the coffin of the modern Democrat party. By all means, please do! With every one of your comments, we all know how much more the Democrat party will not only lose voters, money donors, elections, but you and your kind are ensuring the demise of the modern Democrat party.
And for any of those moderate, traditional Democrats who might be reading this comment, you only have two paths: You have to give the likes of the annoy moron, Gigi, the slow and dumb one the boot out of your party if you want to win elections, as James Carville noted.
Or, cut ties with the modern Democrat party and form your own party. And be sure to exclude, exile, or deny far-left wing leftists like annoy moron, Gigi, the slow and dumb one and all those like them. Your new party will be ever so better without them.
They are toxic.
*. That anon has sworn allegiance to the great liar, OMFK. They’re compelled.
Apples and oranges.
Really, it doesn’t have to be egregious, but can we please reel in the Anonymous trolls? On this site they are likely even just one or two people – there has to be some fair option. It’s getting pretty old.
Ah, the sweet smell of censorship.
Smell of morons.
DustOff,
The malodorous smell of morons.
LOL (-:
James,
Well said. The one upside is they put on full display of the exact reason why the Democrat party is going down. James Carville had something of a meltdown recently and said this,
“Why are you bringing this up in an election!? … This is an election and the DNC is not the place to discuss this! Understand this: the DNC does not exist to right wrongs,” Carville said. “It doesn’t exist to acknowledge the more unpleasant parts of history. It doesn’t exist to make people feel good. It exists— get this through your head — to win elections! Now, do you think that is going to help us win elections … by arguing about land theft from the Dakotas? We’re not!”
Then there was Democrat commentator Julian Epstein who said,
“The Democratic Party is in the dumps. Every single indicator, whether it’s fundraising, party registration or ID, whether it is all of the public polling that we have on all of the lead issues from the economy to cultural issues, Democrats are cratering,”
“The reason for that is they continue to pray at the altar of these Pagan idols. Let’s erase gender. Let’s erase borders. Let’s ignore crime and erase the police. Let’s erase our energy dominance. And to most people, Ashley, these things are nuts. But they come from the academic. These ideas come from the academic and the activist left who is not concerned with voters,”
“They’re more concerned with indoctrinating enough people that they are victims, that they are oppressed. And that these activists and academics are liberators of the oppressed. It serves their career interests, but it is devastating for the party. And that is why the party’s brand is toxic,”
So, yes the annony moron, Gigi, the slow and dumb one are annoying, they do make Carville and Epstein’s points as to why the Democrat party is not doing well. As long as they are the ones supporting the stupid and crazy, the Democrat party will continue to fail.
How marvelous!
NotReallyaFarmer
How do you manage to type out such long comments from the tractor ????
You seem to have mastered the art of reading and typing while driving the tractor.
Truly amazing multitasking.
Be careful you don’t drive into a ditch.
If you had any knowledge of modern farming, documentation is a BIG part of that. Monitoring and tracking field stockage rates, farming equipment rates and fuel rates, livestock weight, worm cycle rates, deprecation rates for out buildings, all of these things factor into a IRS schedule F. I spend nearly half of my time on documentation as any farmer will tell you. But, you, of course, are not very smart to know what it takes to run a farm or a business. Every one knows how much documentation it takes. You are clearly just that dumb.
How marvelous!!!!
Can’t we vote on stupid/malicious/useless/trolling/bored and mentally ill posts and agree not to engage with these? Or, maybe not ever, ever engage with a stupid post again?? I am starting today.
This is why no justice and accountability is possible in the DC circuit. A 99% committed Democrat jury pool could watch a murder take place in front of them and if it’s a Dem they will refuse to indict.
*. Evading arrest, impeding LEO, assault battery, jury leak
Throwing a sandwich wasn’t the only crime. FUBAR
OFFENSIVE CONTACT
This grand jury must have indicted and is corrupt and criminal itself. Gently encountering a female anywhere on her body with a sandwich would be “offensive.” It is certainly offensive to citizens to batter their law enforcement personnel with a sandwich. Making physical contact constitutes the crime of assault and battery.
AI Overview
“Criminal battery is the act of intentionally, and without consent, applying unlawful force to another person, resulting in either harmful or offensive contact. Unlike assault, which involves a threat, battery requires actual physical contact, even if the contact doesn’t cause injury or pain but is delivered in a rude or angry manner. Examples range from a simple push to spitting on someone, and can include aggravated battery, sexual battery, or domestic battery, with penalties varying based on the severity of the contact and any aggravating factors.”
So what would these liberals decide if the Officer assaulted with a Ham sandwich was a Muslim? What would they do if the Officer were exposed a tranny and he had been assaulted with a Manwich?
Assault of a LEO is a felony, resist arrest see want you get…1 year.
*. Spill hot coffee on someone and it’s worth millions. Those hot apple pie bites at McDonalds burned my lip.
Anyone ever had a person bump into you at a party spilling food or drink on your gown or tuxedo? For purpose? The enjoyment of looking at you look like a fool for the evening?
*. The point is being missed. The sandwich is irrelevant. It’s ok to throw X at LEO, NG, but not ok to throw Y ?
A projectile of any kind. It’s a felony.
*. It’s shocking to see the renegade judiciary. Shocking to see the insolence of people disregarding law.
Hey all.
These comments create good fodder to talk about/discuss and play around with during a five-hour drive to the summer camp…
(We may appreciate when other commenters agree with us, but we learn more when we dissect those comments particularly reeking of repetitive vitriol, resentment (and misstatement).)
To ALL OF YOU, I wish for you a relaxing and restful holiday weekend!
Come back with clear heads. No new tattoos, no DUIs, no speeding tickets, no gunpowder residue on your fingers or vehicular signs of road rage. Try not to smell like peanut butter and jelly..or worse, like weed. Discuss potluck, not politic. And don’t try to bluff your way out when they pull out the table ends to install a table leaf for breakfast, and three missing poker cards fall out. Don’t come back with marshmallow brain.
Most of all, take the time to stare up at the stars and constellations, and think about why you believe what you believe. The propensity for copy-catters and badly-inspired attention-seekers to feed off of others, or replicate, is abound, even on this blog…
“How is it that one match can start a forest fire, but it takes a whole box to start a campfire?” Christy Whitehead.
Riddle me this Batman. A federal district judge can obstruct the President in a policy matter over completely different State(s) and Districts but a federal grand jury has to be established in the bluest Democratic stronghold States controlled by activist judges and completely skewed jurist pools where Democrats regularly commit their crimes. It doesn’t pass the stench test…
DC is not a state.
New York is…
Minnesota is…
Wisconsin is…
Massachusetts is…
Rhode Island is…
Wait! Let’s go back to the beginning of the end for America. Lincoln abruptly terminated American freedom in 1860 when he arbitrarily and erroneously decreed that because secession was not prohibited, secession was prohibited, allowing him to proceed uninhibited with his wholly unconstitutional “Reign of Terror.”
What doesn’t pass the stench test is the fact that the singular American failure is the judicial branch, with emphasis on the Supreme Court, and that it persists in that mode.
The only conclusion one may draw is that the judicial branch is communist because it is most certainly and wittingly anti-Constitutional.
Nice.
GDP growth for second quarter revised up to 3.3% rate
The only avenue now for Jeanine “BoxWine” Pirro is to charge Dunn with misdemeanor assault on a police officer.
Fortunately, in DC this charge is a “jury demandable” exception to the rule that misdemeanor charges are not heard by a jury.
https://koehlerlaw.net/criminal-defense-dc/assault-police-officer/
He will elect a jury trial.
The jury will deliberate for about 2 minutes, just to make it look good.
He will be acquitted.
So basically, all you MAGA morons spewing absurd nonsensical legal theories here are just howling into the wind.
Apparently the dimwitted Prof. Turley is not even aware of the jury demandable exception in his own jurisdiction.
Dunn will be acquitted.
DEar Prof Turley,
It’s funny.
“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!’”
*there’s a new sheriff in town .. .
Amen! Hope he’s enjoying his new gainful employment career as a court clerk in traffic court.
I asked a friend if he had seen any Snow Peas lately, he laughed while saying ‘WHAT”, I said they are all gone and I think the Democrats got them all. Where he asked are they, and I said the Democrats carry them around in their heads and that’s why I call Democrats ‘Pea brain flakes’.
An article I read recently while cruising my phone, had a line worth quoting “You can search around the lamppost, but you can’t go far beyond the lamppost, where it’s dark-you can’t solve those equations….” FQxl cosmologist Eugene Lim (King College London, UK). This may explain the Democrats mentality or lack thereof, always searching beyond the observable for some other utopia.
DC man charged with felony assault after allegedly spitting on National Guardsmen while on e-scooter
“Scott Pichon was charged with felony assault and making physical contact with the two guardsmen while they were performing their official duties”
https://justthenews.com/nation/crime/dc-man-charged-felony-assault-after-allegedly-spitting-national-guardsmen-while-e
I think I would of rather been struck with a sandwich. That is just gross.
It appears Lin’s assessment at 1030 is correct.