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WASHINGTON — Hurling a sandwich at a federal agent was an act of protest for Washington, D.C., resident Sean Charles Dunn. A jury must decide if it was also a federal crime.

“No matter who you are, you can’t just go around throwing stuff at people because you’re mad,” Assistant U.S. Atty. John Parron told jurors Tuesday at the start of Dunn’s trial on a misdemeanor assault charge.

Dunn doesn’t dispute that he threw his submarine-style sandwich at a U.S. Customs and Border Protection agent outside a nightclub on the night of Aug. 10. It was an “exclamation point” for Dunn as he expressed his opposition to President Trump’s law enforcement surge in the nation’s capital, defense attorney Julia Gatto said during the trial’s opening statements.

“It was a harmless gesture at the end of him exercising his right to speak out,” Gatto said. “He is overwhelmingly not guilty.”

A bystander’s cellphone video of the confrontation went viral on social media, turning Dunn into a symbol of resistance against Trump’s months-long federal takeover. Murals depicting him mid-throw popped up in the city virtually overnight.

“He did it. He threw the sandwich,” Gatto told jurors. “And now the U.S. attorney for the District of Columbia has turned that moment — a thrown sandwich — into a criminal case, a federal criminal case charging a federal offense.”

A grand jury refused to indict Dunn on a felony assault count, part of a pattern of pushback against the Justice Department’s prosecution of surge-related criminal cases. After the rare rebuke from the grand jury, U.S. Atty. Jeanine Pirro’s office charged Dunn instead with a misdemeanor.

Customs and Border Protection Agent Gregory Lairmore, the government’s first witness, said the sandwich “exploded” when it struck his chest hard enough that he could feel it through his ballistic vest.

“You could smell the onions and the mustard,” he recalled.

Lairmore and other agents were standing in front of a club hosting a “Latin Night” when Dunn approached and shouted profanities at them, calling them “fascists” and “racists” and chanting “shame.”

“Why are you here? I don’t want you in my city!” Dunn shouted, according to police.

Lairmore testified that he and the other agents tried to de-escalate the situation.

“He was red-faced. Enraged. Calling me and my colleagues all kinds of names,” he said. “I didn’t respond. That’s his constitutional right to express his opinion.”

After throwing the sandwich, Dunn ran away but was apprehended about a block away.

Later, Lairmore’s colleagues jokingly gave him gifts making light of the incident, including a subway sandwich-shaped plush toy and a patch that said “felony footlong.” Defense attorney Sabrina Schroff pointed to those as proof that the agents recognize this case is “overblown” and “worthy of a joke.”

Parron told jurors that everybody is entitled to their views about Trump’s federal surge. But “respectfully, that’s not what this case is about,” the prosecutor said. “You just can’t do what the defendant did here. He crossed a line.”

Dunn was a Justice Department employee who worked as an international affairs specialist in its criminal division. After Dunn’s arrest, Atty. Gen. Pam Bondi announced his firing in a social media post that referred to him as “an example of the Deep State.”

Dunn was released from custody but rearrested when a team of armed federal agents in riot gear raided his home. The White House posted a highly produced “propaganda” video of the raid on its official X account, Dunn’s lawyers said.

Dunn’s lawyers have argued that the posts by Bondi and the White House show Dunn was impermissibly targeted for his political speech. They urged U.S. District Judge Carl Nichols to dismiss the case, calling it a vindictive and selective prosecution. Nichols, who was nominated by Trump, didn’t rule on that request before the trial started Monday.

Dunn is charged with assaulting, resisting, opposing, impeding, intimidating and interfering with a federal officer. Dozens of Trump supporters who stormed the Capitol were convicted of felonies for assaulting or interfering with police during the Jan. 6 attack. Trump pardoned or ordered the dismissal of charges for all of them.

Kunzelman writes for the Associated Press.

Speaker of the House Mike Johnson (L), Vivek Ramaswamy and Rep. Cory Mills, R-Fla. (R), visited Donald Trump’s criminal trial in 2024. On Wednesday, Johnson brushed off questions about a restraining order against Mills granted on Tuesday. File Pool Photo by Justin Lane/UPI | License Photo

Oct. 15 (UPI) — Mike Johnson, speaker of the U.S. House of Representatives, called Rep. Cory Mills, R-Fla., a “faithful colleague” on Wednesday, one day after he was issued a restraining order.

A Florida judge issued the protective order Tuesday against Mills, directing him to have no contact with a former girlfriend who accused him of threatening her.

“I have not heard or looked into any of the details of that. I’ve been a little busy,” Johnson told reporters in the Capitol. “We have a House Ethics Committee. If it warrants that, I’m sure they’ll look into that.”

The petitioner was Lindsey Langston, a Republican state committeeperson and Miss United States 2024. She alleged that Mills threatened her on Instagram after blocking him and telling him she didn’t want further contact. “The messages progressively got more threatening over time,” she wrote.

She said he threatened to release nude videos of her.

In his order, the judge said the evidence supported Langston’s allegations that Mills had caused her “substantial emotional distress.” The judge said Mills offered “no credible rebuttal” to her testimony. He found that Langston has a “reasonable cause to believe she is in imminent danger of becoming the victim of another act of dating violence” without the restraining order being put in place, Politico reported.

When pressed about the allegations, Johnson brushed them off.

“You have to ask Rep. Mills about that. He’s been a faithful colleague here. I know his work on the Hill. I don’t know all the details of all the individual allegations, and what he’s doing — things outside life,” Johnson said. “Let’s just talk about the things that are really serious.”

The restraining order directs Mills, 45, to stay at least 500 feet away from Langston and to not contact her until Jan. 1. The order also blocks Mills from mentioning Langston on social media, according to NBC News.

Things were looking tense in Los Angeles on Thursday even before federal agents took down U.S. Sen. Alex Padilla.

We had the Marines, slightly trained in domestic crowd control, heading out to do crowd control. We had ICE raids, sweeping up a man from a church. Or maybe it was ICE — the armed and masked agents refused to say where they were from.

But then the situation went further south, which to be honest, I thought would take at least until Monday.

Secretary of Homeland Security Kristi Noem was in town to cosplay at being an ICE agent herself. You know she loves to dress up. Padilla, who was in the same building to meet with a general, went to a news conference she was hosting and tried to ask her a question.

Bad idea.

Federal agents manhandled him out of the room, shoved him down onto his knees and handcuffed him. The FBI has confirmed to my colleagues that he was not arrested, but that’s little comfort.

While officers may not have known Padilla was a U.S. senator when they started going after him, they certainly did by the time the cuffs were snapping.

Padilla was heard saying, “Hands off, hands off. I’m Sen. Alex Padilla,” as the officers pushed him back.

The hands remained on.

Shortly after the video of this frightening episode hit social media, Gov. Gavin Newsom posted on X, “If they can handcuff a U.S. Senator for asking a question, imagine what they will do to you.”

Indeed.

After the news conference, Noem offered a sorry-not-sorry.

“I wish that he would have reached out and identified himself and let us know who he was and that he wanted to talk,” she told reporters. “His approach, you know, was something that I don’t think was appropriate at all, but the conversation was great, and we’re going to continue to communicate.”

It was great! Send in the Marines!

When asked why she had ordered the removal of Padilla, Noem deferred to law enforcement.

“I’ll let the law enforcement speak to how this situation was handled, but I will say that it’s people need to identify themselves before they start lunging at these moments during press conference,” she said.

“Lunging.”

It is starting to feel like being brown in America is a crime. Brown man allegedly lunging is the new Black man driving — scary enough that any response is justified.

Sen. Adam Schiff, our other California senator, came to his colleague’s defense, demanding an investigation.

“Anyone who looks at it — anyone — anyone who looks at this, it will turn your stomach,” he said. “To look at this video and see what happened reeks — reeks — of totalitarianism. This is not what democracies do.”

Political pundit Mike Madrid pointed out how personal this issue of immigration is to Padilla.

Padilla is the son of Mexican immigrants, Santos and Lupe Padilla. He went into politics in 1995 because of the anti-immigrant Proposition 187, the California measure that knocked all undocumented people off of many public services, including schools. He’s been a champion of immigrant communities ever since.

“Hard to describe how angered and passionate Senator Alex Padilla is — I’ve known him for 25 years and never seen anything like this,” Madrid wrote online. “He’s a living example of how Latinos feel right now.”

And not just Latinos — all Americans who care about democracy.

We are about to have approximately 3,000 hours of debate on whether Padilla deserved what he got because he was not invited to the press conference.

The right wing is going to parse the video looking for that lunge and saying Padilla was aggressive. The left will say he has a right to ask questions, even a duty because he is an elected representative whose constituents are being detained and disappeared, even ones that are U.S. citizens.

I’ll say I genuinely do not care if you are pro-Trump or pro-Padilla.

If you care about our Constitution, about due process, about civil rights, watching a U.S. senator forced onto his knees for asking questions should be a terrifying wake up call.

It turns out that it’s true: after they come for the vulnerable, they do indeed come for the rest.

Rep. Nancy Mace, a Republican from South Carolina, and Homeland Security Secretary Kristi Noem speak in the Rose Garden of the White House on Monday. Mace wants her House colleague, LaMonica McIver, to be expelled after the Justice Department charged her with allegedly assaulting an ICE enforcement officer. Photo by Samuel Corum/UPI | License Photo

May 24 (UPI) — U.S. Rep. Nancy Mace said she intends to file a resolution to expel her House colleague LaMonica McIver after the Justice Department charged her with allegedly assaulting law enforcement officers.

McIver, who represents a New Jersey district after being elected in November, was arrested after footage showed her elbowing an Immigration and Customs official outside a migrant detention facility, Delaney Hall, in Newark, N.J., on May 9. She was charged Monday.

Mace, who has represented South Carolina in Congress since 2021, wrote Wednesday in a three-page resolution obtained by Axios that McIver “must be held accountable to the highest standards of conduct in order to safeguard the public’s faith in this institution.”

Mace posted on X: “Members of Congress don’t get a free pass to break the law. No one is above the law — not even you, LaMonica.”

McIver, who has denied assaulting law enforcement and was elected to her seat in November, responded in a post on X: “In the South I think they say, ‘bless her heart.’ “

McIver has said she instead was assaulted and accused the Trump administration of a political prosecution. A preliminary hearing has been set for June 11.

The Department of Homeland Security posted video of the incident on X.

Democrats said she has every right to conduct oversight of the detention center.

Mace said she will introduce the resolution but would let the House Ethics Committee consider it, rather than forcing a House floor vote on it.

Republican Rep. Buddy Carter, of Georgia, introduced a resolution to strip committee assignments from McIver and Reps. Bonnie Watson Coleman and Rob Menendez, both of New Jersey, for their actions at the detention center.

Expulsion requires a two-thirds majority vote of the House. Speaker Mike Johnson, of Louisian,a said expulsion is “not likely” but they were “looking into what is appropriate.”

In her news release, Mace cited the expulsion of former Rep. George Santos, a Republican from New York, saying it “set precedent for expelling Members charged, but not yet convicted, of serious criminal offenses.” She voted against the measure.

In 2023, Santos was expelled in an overwhelming bipartisan vote, 314-114 with two present and eight not voting after being charged with nearly two dozen criminal counts, including wire fraud and money laundering. Santos was sentenced on April 25 to seven years in federal prison.