"His misdemeanor acquittal is another setback for prosecutors, who have faced a backlash for their aggressive charging tactics during the law enforcement surge. The Justice Department had initially sought a felony assault indictment against Dunn, but in a highly unusual move, the grand jury declined to sign off on the felony charge. The office of U.S. Attorney Jeanine Pirro then charged Dunn with a misdemeanor."
"There was no dispute over whether Dunn threw the sandwich at a U.S. Customs and Border Protection agent on the night of Aug. 10. But his lawyers argued it was a "harmless gesture" during an act of protest protected by the First Amendment. Prosecutors said Dunn, 37, knew he did not have a right to throw the sandwich at the agent."
"After the foreperson read the verdict, Dunn hugged his lawyers. Later, he said, "I'm relieved and I'm looking forward to moving on with my life." Court officers escorted the 12 jurors out of the building. A group of reporters followed. Several jurors, including the foreperson, declined to be interviewed. Pirro, a former Fox News host appointed by Trump to be the top federal prosecutor for Washington, said in a statement: "As always, we accept a jury's verdict; that is the system within which we function."
A former Justice Department employee, Sean Charles Dunn, was acquitted of misdemeanor assault after throwing a sandwich at a U.S. Customs and Border Protection agent during a Washington law-enforcement surge. A viral video of the sandwich toss made Dunn a symbol of resistance to the deployment of federal agents. The Justice Department initially sought a felony assault indictment, but a grand jury declined to approve the felony and prosecutors filed a misdemeanor. Dunn's lawyers said the throw was a harmless gesture protected by the First Amendment. Prosecutors said he knew he lacked a right to throw food at an agent. After the verdict, Dunn hugged his lawyers and said he was relieved.
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