On November 6, 2025, a Washington, D.C. jury chose not to convict Sean Dunn, a former Department of Justice employee, on misdemeanor assault charges against a federal agent. Dunn’s weapon of choice had been a footlong Subway sandwich he’d thrown at federal officer Gregory Lairmore on the corner of 14th Street NW and U Street on August 10, 2025.
The dismissal of charges likely ends what some viewed as an aggressive effort by the Trump administration to scapegoat Dunn for his defiance against the placement of federal troops in the nation’s capital. Jeanine Pirro, appointed by President Donald Trump as the U.S. Attorney for Washington, had already failed to gain an indictment from a grand jury for felony assault against Dunn. The jury’s verdict on the misdemeanor charge after seven hours of deliberation indicated that the members did not consider a hoagie to be a dangerous missile weapon.
The “sandwich guy” decision adds more fuel to the national fire over the White House’s policy to use the National Guard and other federal troops to support law enforcement officers in selected major American cities. Time will tell if Dunn’s aerial sub attack was an isolated incident or if we’ll start seeing flying hoagies in Philadelphia, airborne grinders in Hartford, and soaring po’ boys in New Orleans.
Lettuce Discuss My Displeasure at Your Deployment
On August 10, 2025, a cluster of federal agents was gathered on a corner in a popular nightlife section of the District of Columbia. This included Lairmore, a 23-year veteran of Customs and Border Protection. They were spotted by Dunn, a paralegal and international affairs specialist in the Justice Department’s (DOJ) criminal division, who began warning passersby of a possible raid while allegedly berating the troops and calling them “fascists.”
At some point during his tirade, Dunn’s sandwich morphed from his dinner into a social statement. He threw it at Lairmore, hitting the border patrol officer in his ballistic vest. Dunn then fled but was captured by police. After being released, he was rearrested by U.S. marshals in tactical gear, which was recorded and posted to social media by the White House. He was also fired from his job at the DOJ.
Perhaps looking to make an example of Dunn, Pirro filed federal assault charges against him. However, a Washington grand jury refused to return an indictment. Pirro had better luck obtaining misdemeanor assault charges.
While misdemeanors are often far less severe than felony charges, an assault conviction in federal court can carry a sentence of up to one year in jail. Additionally, Dunn would be barred from becoming a federal employee again if found guilty.
Yes, The Jurors Had Sandwiches for Lunch (Really!)
In an unusual twist, the trial featured attorneys who weren’t being paid: Dunn’s lawyers, who were working pro bono; and the DOJ’s, due to the government shutdown. The prosecution insisted that assault is assault, regardless of whether it was committed with a sub to the bulletproof vest or not. Lairmore testified that the sandwich “exploded” and made a mess on his uniform and that he could smell the onions and mustard, but the defense undermined that claim by showing the still-wrapped hero lying on the ground in the aftermath.
Dunn’s lawyers also pointed out that Lairmore’s fellow officers had presented him with gag gifts referring to the incident, including a sticker emblazoned “Felony Footlong” that he placed on his lunchbox. While there was never a question about Dunn having thrown the sandwich, the jury decides that bread, meat, and toppings did not constitute a weapon capable of inflicting bodily harm.
The non-guilty verdict is indicative of the difficulties Pirro and the Trump administration have met in trying to gain indictments and convictions for acts of civil disobedience by those protesting the federal troops sent to U.S. cities. For now, the sandwich remains mightier than both the sword and the pen.
Related Resources
- From Tax Regulations to Toppings: Furloughed IRS Attorney Trades Horizontal Equity for Hot Dog Stand (FindLaw’s Practice of Law)
- Protester Strikes Back With Lawsuit for False Arrest Against National Guard Troops and Metropolitan Police (FindLaw’s Courtside)
- Justice Unpaid Is “Justice Delayed” as Courts Face Government Shutdown (Findlaw’s Law and Daily Life)
