Trump DOJ Laughed Out of Court as Jury Acquits

7 Nov 2025 · 17 min · 8 chapters

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In short

The episode is about the acquittal of Sean Dunn, a former DOJ paralegal, in a federal D.C. court case over a “salami subway sandwich” he allegedly threw at a U.S. Customs and Border Patrol officer. The host argues the DOJ tried to turn a minor incident into a felony assault case, but a jury acquitted him in under three hours after prosecutors’ credibility failed. Key claim: a government witness, Border Patrol agent Greg Larimore, testified the sandwich “exploded” on his chest and reeked of onions and mustard, but the defense showed the sandwich was intact in its wrapper in photos/video, undermining the assault narrative. Notable examples cited: other failed DOJ attempts to indict protesters; the host also references Judge Ellis finding perjury in a separate Border Patrol case.

Guests

Sean Dunn and his lawyer Julia Gatto are discussed; no other guests appear in the transcript.

Written by AI. May contain mistakes. Listen to the episode to check what was said.

Chapters

Tap a time to open that second in VO

Salami Sandwich Case Overview

1:27 to 1:56

Discussing the acquittal of Sean Dunn and the absurdity of the case.

“Viewers can enjoy every game-changing play faster and more seamlessly than ever, all in a network built to deliver unforgettable moments as close to live as possible.”

Salami Sandwich Case Overview

2:25 to 3:20

Discussing the acquittal of Sean Dunn and the absurdity of the case.

“Well, the great salami subway sandwich caper is over.”

Analysis of DOJ Credibility Issues

3:20 to 6:10

Examining the Department of Justice's credibility and recent court loss.

“This might be, and I've been doing this a long time, I've done dozens of jury trials, this might be one of the finest closing arguments and opening statements I've ever heard.”

Implications of the Acquittal

6:10 to 10:00

Discussing the broader implications of the jury's decision and its impact.

“lawyers, they pointed out with a photo I'll put up here that the sandwich intact wrapped was on the ground.”

Recent Court Rulings Against Trump Administration

10:00 to 14:01

Reviewing various court rulings made against Trump’s administration in one week.

“Judge Ellis said that Greg Bovino, Customs and Border Patrol, another CPB officer, lied under oath when he said that somebody threw a rock at him as retaliation for him firing tear gas.”

Election Night Results Overview

14:01 to 14:45

Learn about the surprising electoral shifts during recent elections.

“A state that had a red governor turn blue in Virginia.”

Community Engagement Call

14:45 to 14:57

Find out how to support and engage with the Legal AF community.

“And that's just one week in November, everybody, as we get ready for the midterms.”

Introducing Legal AF Substack

14:57 to 15:38

Discover the additional content and resources available through Legal AF's Substack.

“So until my next hot take update, Legal AF contribution, I'm Michael Popak.”
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Transcript

Automatic transcript. May contain errors.

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2:29Michael Popok:Well, the great salami subway sandwich caper is over. And so with it, our long national nightmare. All kidding aside, Sean Dunn, former paralegal for the Department of Justice that had a neatly wrapped salami subway sandwich filled with onions and mustard, which he tossed at a Custom and Border Patrol officer, has been acquitted in less than three hours by a jury in the D.C. courts, federal court no less, as they munched on, wait for it, sandwiches to deliberate his faith. And the closing argument given by Sean Dunn, who's a hero now in D.C., with Banksy-like images of him in silhouette, tossing a subway sandwich on graffitied walls all over D.C.

3:24Michael Popok:This might be, and I've been doing this a long time, I've done dozens of jury trials, this might be one of the finest closing arguments and opening statements I've ever heard. And I'm going to invite her on the show because I'm so impressed by it. his lawyer who looked at the jury, Julia Gatto, and said the following to obtain her acquittal for her client. He did it. He threw the sandwich. And now the federal U.S. attorney prosecutor wants to make a federal criminal case out of it. I don't know if she sat down right after that, but she could have. All that was left for the U.S. attorney in the room, the assistant U.S.

4:07Michael Popok:attorney was to stand up and go, put aside your feelings about Donald Trump and try to convict this guy in a misdemeanor. Now, remember, Sean Dunn was actually, they wanted to indict him for a felony of assault on a federal officer because of the subway sandwich toss. And the federal grand jury in D.C., Justice, it has done about eight or nine other times with Janine Pirro's crackerjack Department of Justice boards in D.C. said nope, and they would not indict. That's the problem the Department of Justice is having. Look, this is the second time in one day that either a jury or a judge didn't believe a government witness.

4:51Michael Popok:And when you lose your credibility, when you lose your veracity, your ethics, your candor, your authenticity. You're done. You're dead. The Department of Justice might as well cash it in. They're done. You got Judge Ellis today who said out loud in Chicago, I have an earlier hot take up on this right now, in ruling in a 95 minute presentation of her preliminary injunction against the Trump administration found that the head of the Border Patrol operating in Chicago with the National Guard, lied under oath. We have a word for that. It's called perjury. And we have a word or a concept for somebody in the Department of Justice that allows that testimony to go on the stand.

5:37Michael Popok:We call that suborning perjury. So Greg Larimore, who's a Border Patrol agent in the Sean Dunn salami sandwich case, I'm getting hungry already, he testified that the sandwich in question exploded all over his chest and he reeked of onions and mustard. God, that's the assault. The grand jury said, I mean, the jury said munching on sandwiches during deliberation time. And that was probably a lie because when he was cross-examined by Sean Dunn's lawyers, they pointed out with a photo I'll put up here that the sandwich intact wrapped was on the ground. I don't know if anybody's eaten at Subway lately, but when you walk away with a to-go order, it's a pretty tidy bundle, right?

6:31Michael Popok:Listen, I got a young daughter, been doing diapers. That's pretty tight on there. Unless it rolled out in flight. I'm not a ballistics expert, but unless it rolled out in flight, it's not going to hit him full-blown, an open, naked sandwich, not in its wrapper. And so the jury, it's again a lie to try to bootstrap and win a losing case that never should have been brought. No self-respecting prosecutor would ever bring this case. And that's why this is more than just about whether the salami sandwich had onions and mustard or not. By the way, shout out, chef's kiss. That's a good combo right there.

7:14Michael Popok:I didn't even know Subway had salami. I'm going to show you, we have it rolling here, the video clip of the toss, along with photos. But again, what does it say about the Department of Justice under Pam Bondi and Donald Trump? That they thought they should try to get a felony indictment out of a grand jury. Again, nine or 10 other times they failed. They failed against one protester three times to get her indicted. And then they said, rather than drop it and go, all right, let the, no, because he worked, because Pam Bondi's so thin-skinned, she fired the salami toss guy. And she wouldn't, and fired him as a paralegal.

7:59Michael Popok:In fact, we have a clip of Sean Dunn right after he was acquitted with his lawyers. Let's play the clip. Firstly, I'd like to thank especially Sabrina, Julia and Nick for countless hours and the rest of the team at Steptoe. And I would like to thank Steptoe for offering all of their services pro bono. For feeding me. Yes. I would like to thank family and friends and strangers for all of their support, whether it was emotional or spiritual or artistic or financial. to the people that opened their hearts and homes to me. I am eternally grateful. And I am so happy that justice prevails in spite of everything happening.

9:03And that night, I believe that I was protecting the rights of immigrants. And let us not forget that the great seal of the United States says e pluribus unum. That means from many, one. Every life matters, no matter where you came from, no matter how you got here, no matter how you identify. You have the right to live a life that is free.

9:37Michael Popok:The fact that the Department of Justice said, no, we're not going to listen to the grand jury. We're going to go for a misdemeanor. We don't need a grand jury. It's still a crime. Guys still have to lose sleep at night. You can just picture it. Hey, what are you in for? I tossed the salami sandwich. Oh, they're going to be scared of him in the pen. Oh, my God. But this is I'm going to tie it together with Judge Ellis's case. Judge Ellis said that Greg Bovino, Customs and Border Patrol, another CPB officer, lied under oath when he said that somebody threw a rock at him as retaliation for him firing tear gas.

10:16Michael Popok:Today, they just they just arrested Sean Dunn. Could have beaten him to a pulp, could have hit him with pepper ball spray. You got a lying, rogue federal force out there who's being protected by a lawless, rogue Department of Justice. And grand juries are wise to it. And juries are wise to it. And federal judges are wise to it. And this is symptomatic of a broader problem that Donald Trump and Pam Bondi have. Nobody's buying what they're selling. Nobody's picking up what they're throwing down. Juries and grand juries are too smart for them. A jury, and a jury particularly, and I've done a fair amount of jury work, can smell a lie and inauthenticity a mile away.

11:12Michael Popok:And they will rule against you as a result. There's no way they believe Greg Larimore and his I'm reeking of onions and mustard. And who cares? How is that a felony? Or how is that a misdemeanor or an assault? Yes, it's technically an unwanted touching. So it is a battery under the law. I get it. I'm not saying the guy wanted the sandwich thrown at him. But this is what we're making federal cases about. We've got a shutdown going on. We're spending hundreds of thousands, if not millions of dollars to go after Sean Dunn and his salami sandwich. And I just think it's, this has been an epically bad week for Donald Trump and a great week for justice.

11:55Michael Popok:Just this week. I'm just going to list, I'm just going to go through the list.

12:02Michael Popok:Judge Imra Gutt in Portland issues her preliminary injunction on the way to a permanent injunction tomorrow to stop National Guard from being used in Portland, Oregon. Judge McConnell in Rhode Island first issues a decision, a permanent injunction after trial to stop taking away infrastructure and transportation funds from blue cities and blue states with sanctuary city and state status. He then issues an order, and now a second order, to compel the Trump administration to pay out$8 billion worth of SNAP food stamp payments. It's all this week, by the way, ladies and gentlemen. Judge Ellis issues in Chicago a preliminary injunction against the attack on the clergy, on First Amendment protesters, on veterans and members of the media and press for being attacked viciously without justification that shocked the conscience, in her words, by federal law enforcement.

13:03it. And now we've got a jury that rejects the Trump administration's Department of Justice.

13:12Michael Popok:We've got Judge Curry. This is all this week. Judge Curry, who demands that the grand jury transcripts for Lindsey Halligan's work against Letitia James and James Comey be delivered to her yesterday. We've got a magistrate judge who this week ordered every piece of scrap of paper that the Department of Justice has related to James Comey get turned over immediately and that he was shocked that they were prosecuting first and investigating second and he was going to put an end to it. That's this week. And I haven't even talked about the Supreme Court having, let's just say, a jaundiced view, including the Trump appointees, to his tariff plan.

13:53Michael Popok:It's all starting to work. It's all starting to turn against Donald Trump and MAGA. And then election night, one of the worst wipeouts in electoral history. A state that had a red governor turn blue in Virginia. A New Jersey female governor gets elected who's a moderate Democrat. She flips counties that had gone red back to blue. Mississippi elects two Democratic delegates, of all things. Thirteen delegates in Pennsylvania go blue. The Supreme Court justices in Pennsylvania stay blue. Gavin Newsom banks his political career on Prop 50 and the five new seats maps, and he wins. 64 percent. And that's just one week in November, everybody, as we get ready for the midterms.

14:50Michael Popok:I'm glad you're here on Midas Touch. Take a minute, hit the free subscribe button. Come over to Legal AF YouTube, do the exact same thing. Help us continue to grow these communities. So until my next hot take update, Legal AF contribution, I'm Michael Popak. Can't get your fill of Legal AF? Me neither. That's why we formed the Legal AF Substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the Substack. You'll find the court filing and the oral argument there, including a daily roundup that I do call, wait for it, Morning AF. What else?

15:25Michael Popok:All the other contributors from Legal AF are there as well. We got some new reporting. We got interviews. We got ad-free versions of the podcast and hot takes. Where? Legal AF on Substack. Come over now to free subscribe. Spotify, it's Jay Shetty. Are you one of those media strategy people? Scrolling through spreadsheets, searching for an audience that pays twice as much attention to your ads than they do on social? Let me introduce you to fans. And they're here with me on Spotify. Trust me, I know fans. They don't skip, they stay for hours. They don't move on, they manifest. They're not a demographic group, they're fans.

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From the publisher

The long national nightmare is over— a DC federal jury acquitted, over sandwiches no less— the ridiculous federal criminal case brought by Trump’s DOJ against a former DOJ paralegal for tossing a Subway salami sandwich, mustard and onions and all, at a Customs and Border Patrol agent in protest. This is now the second time today that a federal officer was not believed in a court of law, and Popok ties it together with the string of losses in federal court Trump and his DOJ has suffered just this week, coast to coast, from Rhode Island, to DC to South Carolina, to Virginia, to Chicago to Oregon.

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