DC jury proves there are two tiers of justice (08-28-2025--Hour2)

[00:00:04] What's going on? Thank you so much for listening to this podcast. It is heard live every day from noon to 3 on WBT Radio in Charlotte. And if you want exclusive content like invitations to events, the weekly live stream, my daily show prep with all the links, become a patron, go to thepkalinarshow.com. Make sure you hit the subscribe button, get every episode for free, right to your smartphone or tablet. And again, thank you so much for your support.

[00:00:29] Speaking of the two tiers of justice or two tiers in our society, moving from Britain, as we discussed in the last hour, we now arrive at our nation's capital, the Federal District of Columbia, where you may have heard this person referred to as the sub-chuckle or maybe the salami-slinger.

[00:00:53] However, federal prosecutors have somehow not been able to indict the subway sandwich thrower, Sean Charles Dunn, which I had always heard that, you know, you can indict a ham sandwich, which makes sense because if this one was salami, then you couldn't indict it. I am curious as to how we know it's a salami sub.

[00:01:22] Like, who went and checked on that? Do we know what condiments were used? I just, I feel like that's like journalism 101. You go to the scene and unless it's like, you know, taped off with the crime scene, which I don't think it would have been, then you go and you pick through the refuse of the sub, right?

[00:01:48] And you determine what kind of sub it was because those are the details that really make a story come to life. So federal prosecutors have failed to obtain a felony indictment against a man who was seen on camera hurling a sandwich at a federal law enforcement official in the nation's capital. This is according to the Associated Press.

[00:02:11] Sean Charles Dunn was arrested on an assault charge after he threw a sub-style sandwich at a Customs and Border Protection agent. A video of the incident went viral, and shortly after, he was fired from the Justice Department, where he worked as an international affairs specialist in the department's criminal division.

[00:02:31] The case is one of the examples of the legal pushback to President Donald Trump's law enforcement surge in Washington that has led to more than a thousand arrests. Okay, let me just pause here. Legal pushback? A grand jury refusing to indict a guy for assault on a federal official

[00:03:01] when it's caught on video and the guy apparently acknowledged that he did it and you can't indict him. Okay, that's not legal pushback. That's ignoring the law. That jury engaged in a thing called jury nullification. It's what they did. And why would they do that? Because it's D.C. And they hate Donald Trump.

[00:03:31] And so, therefore, we're not going to indict this guy for assaulting a law enforcement officer with a foreign object. Because that's the thing. Like, you don't know what's in that sub. It was all wrapped up. He had just bought it. Right? That's how you know it's not MAGA country like the attack on Juicy Smollet. When they were screaming, it's MAGA country, the sub remained intact after the attack. Right?

[00:03:57] Smollet was able to take the sub home while he kept that, like, shoestring noose around his own neck. And, you know, he took it home and ate the sub. See, in MAGA country, if you get attacked, but they, you know, they have boundaries. They're not going to destroy your sub. But for a leftist moonbat, they will destroy your sub. Hence, you're not in MAGA country.

[00:04:23] Another tip that you're not in MAGA country is the fact that the jury won't indict somebody who is on video doing the thing that he is being charged with. So, the AP calling it legal pushback is a whitewash. It's laundering the truth.

[00:04:46] It's, it's, so this way, if you have not seen the video, if you don't know anything about the story and you're just reading this for the first time, you'd say, oh, legal pushback? Who's pushing back? It's the people on the grand jury. It is highly unusual for grand jurors to refuse to return an indictment, and it was once said that prosecutors could persuade a grand jury to indict a ham sandwich. Again, this was salami, reportedly, so that does, that does not apply here.

[00:05:12] Grand jurors decide in secret proceedings whether there is enough evidence for an indictment and prosecutors could go back to try again in this case. So, again, these are secret proceedings. There's no defense presented. It's just the prosecutors. That's why they say a prosecutor can indict a ham sandwich is because the grand jury never hears any kind of counterclaims.

[00:05:39] All they hear is the prosecution laying out the evidence and saying, this is what we're going for. And then the grand jury, like 99% of the time, they say, yeah, you got enough to charge and then work it out in trial. So they indict. And so what could the grand jury have seen or heard? In this secret proceeding where they were left with not enough evidence.

[00:06:08] When the whole thing is caught on video, the whole thing. No, this was nullification. This is actually an indictment. I mean, the grand jury did not indict Sean Dunn. But it indicted themselves. It indicted all of the people that make up the jury pool in Washington, D.C. That's what they did with this decision.

[00:06:35] Dunn's arrest came in one of the first days after Trump's August 11th order for federal agents to flood Washington, D.C. Authority, authorities say Dunn, approached a group of Customs and Border Patrol agents, pointed a finger in one of their faces, started screaming crazily at him, swore at him, called him a fascist, said, you're in my city. I don't want you in my city. Once again, not your city, you idiot. This isn't the only time, though.

[00:07:01] In another recent case, prosecutors acknowledged that three grand juries had voted separately against indicting a woman accused of assaulting an FBI agent outside the city's jail in July, where she was recording video of the transfer of inmates into the custody of ICE. So the grand jury refused to indict those on three different grand juries made up of 23 people apiece.

[00:07:30] They all refused to indict her. Yesterday, Scott Pichon, 33, was arrested on a charge that he spit on two Army National Guard members from South Carolina who were patrolling near Union Station. He faces a felony assault charge, maximum prison sentence of eight years. I suspect he won't be indicted either by a grand jury in D.C. And by the way, you spit on a cop, you spit on a law enforcement agent.

[00:07:59] Like, most jurisdictions drop the hammer on you for that because they don't know what you've got. Not to mention, it's pretty gross. I mean, it's just gross. So you spit on, like, you're spitting on National Guard members. So you get arrested, and now you've got a jury that's going to cut you loose. What do you think you're going to get more of? Hmm?

[00:08:26] Now, by comparison, you may be thinking, well, maybe these grand juries, maybe they're just always lenient to all defendants. Aha! They are not. They are not. Do you remember an incident some folks like to call J6? You ever heard of this event? All right. If you're listening to this show, you know I try to keep up with all sorts of current events. And I know you do, too.

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[00:09:47] Your subscription then not only helps my podcast, but it also supports Ground News as they make the media landscape more transparent. From the text line, I don't understand what this even means. You're doing the same thing with this sandwich nonsense that Mayor Lyles did with the Ukrainian girls' murder. I mean, that's just stupid. That is not at all what I've been doing.

[00:10:17] The mayor put out a six-paragraph statement, mentioned the victim once, and then spent five paragraphs talking about how we failed her attacker. It's not even—like, it's a non-sequitur. It doesn't even analogize to the sub-chucker. Let's see.

[00:10:42] Dennis says, this sets up that next time a troop gets spat upon, the perp could be getting an M4 through his teeth. Justified response to an assault. Yeah, I mean, like, that's the thing. When you don't police these types of things, you get more of them. When juries engage in this nullification because of orange man bad and we don't like the orange Hitler or whatever, then you're going to get more people behaving like that. And then you're going to get the reaction.

[00:11:12] Because now the troops and the people who are there, CPB and everybody else that's there to help the local law enforcement, which is understaffed, has been for years ever since St. George Floyd, in the defund the police movement. Now they're going to be like, well, no one's got my back. I'm not going to just stand here and get spit on. I'm just going to take the guy down right away.

[00:11:42] Maybe the sandwich hurled itself at the agent and then laid on the ground without moving to frame the sandwich owner. The grand jury is smart enough to see that. Oh, that would explain it. That might be it. Dave asks, do I think the next step in D.C. is martial law? I do not. They are in a supportive role with the Metro police. And even the mayor came out yesterday and thanked Trump and said this has led to a reduction in crime.

[00:12:12] Which is the sane position to take. That is the rational, logical, sane thing to say. And I don't know why Democrats have such a hard time acknowledging that. That, yes, a greater presence on the streets of law enforcement will act as a deterrent. In fact, I saw a video just this morning of a man, a black guy, who is recording.

[00:12:39] And there's some guy in the middle of the road screaming and yelling at all of the officers. And there was a mix. There was some Metro PD. There was some National Guardsmen and stuff. So you had federal and local agents. They were kind of stationed on the streets around the park. And some guy is just walking down the street screaming obscenities, making threats and all of this and acting all tough and everything.

[00:13:05] And finally, after about two or three minutes of him doing that, the cops all start walking towards him. And the guy takes off running. And the guy who is videotaping just starts laughing. And he's encouraging the officers to take the guy down. He's like, this is why we have an unsafe city. It's because of fools like this. And so he's happy for the police presence.

[00:13:32] I've seen the videos of local residents driving through D.C. And they're like, I finally get to drive my car with the windows down because I couldn't do that for safety purposes. Okay, so let me see this. You know, this helps better area code 803 if you tell me your name so I can identify you better. Because otherwise it's just a list of names or a list of numbers here that I see.

[00:14:01] I don't understand why you can't comprehend what I'm talking about. Mayor Lyles gave very minimal publicity to the murder of the Ukrainian girl on the transit line. You, on the other hand, are given a lot of time to this dumbass sandwich chucker. Yeah, because I haven't covered the Ukrainian girl's murder at all this week. Like every freaking day. This is why I said this is so stupid. Look, we all say stupid things every now and again.

[00:14:29] Now, granted, not all of them are immortalized in text messages and then read on the radio. That is true. But I do understand because I am on the radio. So I do understand what it means to say things that sometimes you may not wish to have said on the radio. I totally understand that. I have spent a lot of time over the course of the last week since I got on the air on Monday. I've covered it every day.

[00:14:58] In fact, I have an update. It's the very next topic that ties into this topic. But now I have spent all of this time trying to explain to you the actual importance of the grand jury not indicting something that is clearly against the law only for political reasons. Jury nullification. And the connection here is that that which you accept, you get more of. I don't know why this is so difficult for you to understand.

[00:15:27] But it's okay. Look, I'm the professional communicator. If that is not obvious at this time, the connection with these stories, then I blame myself. Okay? Because I'm the professional here. I should have communicated this better so you understand the connection that these two stories have. Bill Shipley. He has represented many, many J6 defendants. And he said, I had a J6 client charged with throwing a potato chip bag.

[00:15:58] So a J6er threw a potato chip bag and got charged, got indicted. The refusal of D.C. grand juries to indict in at least two different cases involving assaults on officers that were captured on video now proves what I argued to judges in D.C. for three years. It is not possible for the J6 defendants to get a fair jury trial in D.C. There wasn't a single failure to indict J6 defendants on video evidence. And that is no different than these two cases.

[00:16:29] There was not a single jury acquittal of a J6 defendant on all counts. He says, I came the closest, though. It was generally accepted that the conviction rate in D.C. jury trials prior to January 6th was around 65%, which is one of the lowest of any federal district in the country. But the conviction rate for J6 defendants, that was 100%. And that's why I advised every client I had to opt for a bench trial.

[00:16:58] It's now clear to me why the Biden DOJ decided to agree to these bench trials. They knew what it would look like to the rest of the country if there was a 100% conviction rate on 500-plus jury trials. It would have etched in stone exactly what I was arguing. A J6 defendant could not receive a fair jury trial in D.C., so their constitutional right to a jury was denied to them.

[00:17:23] It's about a two-tier justice system, a two-tier society. That's the through line here. Here's a great idea. Yep. How about making an escape to a really special and secluded getaway in western North Carolina, just a quick drive up the mountain? And Cabins of Asheville is your connection. Whether you're celebrating an anniversary, a honeymoon, maybe you want to plan a memorable proposal, or get family and friends together for a big ol' reunion,

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[00:18:38] Or check out all there is to offer at cabinsofashville.com and make memories that'll last a lifetime. So as promised, WSOC-TV with the update on the murder of 23-year-old Irina Zarutska, the Ukrainian refugee who was stabbed to death. And apparently there is video of this. The local FOP president told Brett Jensen last night on his program that there is video. He has apparently seen it.

[00:19:07] And he said every city council member should watch that. I don't know if he wants to force them to watch it. I don't know. But they should. They should see it. This is what people in your city are dealing with. And I know, like, you go out into the community and you talk to people at various events and that sort of stuff. But unless you actually have any kind of personal experience with violent crime, you don't understand it just based off of the words.

[00:19:36] People come down to the city council and they say things to you like one did on Monday, and I've got that audio. And the reaction is always this sort of, oh, I'm sorry that happened to you. And, you know, that's not us, though. That's some other entity. You should take your complaint to them.

[00:19:54] So the Ukrainian community in Charlotte grieving the death of 23-year-old Irina Zarutska, who police said was randomly stabbed to death Friday night in a light rail car at the Blue Line stop near West Boulevard and Camden Road. She came to Charlotte seeking safety after fleeing the war in Ukraine. The suspect, DeCarlos Brown, remains hospitalized. Authorities said he has a history of mental health issues.

[00:20:19] The city of Charlotte said that Professional Security Services, or PSS, entered into a contract with CATS back in December to provide security. The firm was founded by former CMPD officers and is embedded across the CATS system. I don't know what that means, though. I don't know how many officers they have. I don't know if it's on buses, trains, at the stations. Don't know.

[00:20:48] The city said PSS is in charge of security and fare enforcement. That's F-A-R-E. So collection of fares, which, as I went over yesterday, a big problem with the CATS system is it does not enforce its borders, shall we say. It doesn't have turnstiles. It has a kiosk that you walk up to and get a ticket, then you go on the train, and it's not a very long route.

[00:21:16] And if you're able to jump off before somebody comes through and asks to see your ticket, well, then you've ridden for free. And people can ride for free, and they do ride for free. All day long, all through the night. And it's a problem, not just from an economics standpoint, but also from a safety standpoint.

[00:21:34] Then there is a statement from the suspect's mother, and she spoke to WSOC's Hunter Saines. Joe Bruno gave a recap of her statement that appeared in Saines' story. She's not making excuses for her son. She says what he did was atrocious.

[00:22:04] It was horrible, and it was wrong. She said that the point of her speaking is not to make her son out to be a victim, because he's not. She says she wanted to speak about the arrest to highlight how the system failed and things got to this point. He has not yet appeared before a judge. Police are largely quiet about the details of what happened, but his mom provided more context on how things escalated to this point.

[00:22:31] He served more than five years on an armed robbery charge, and when he was released from prison, his mother says he started saying weird things. She says she got Brown evaluated, but his behavior became aggressive, so she got an involuntary commitment order from the courts. He was placed under psychiatric monitoring for two weeks and diagnosed with schizophrenia.

[00:22:57] But after he was released, she says he became so aggressive, she had to kick him out of the house, and he became homeless. And she mentioned she and her husband had to kick him out of the house. Because I know there was questions about does he have a father or anything like that. That's when he becomes homeless. In January, he's arrested for misusing the 911 system. And the other day I gave you those details.

[00:23:25] Police say he called from a hospital and claimed somebody had given him some man-made material, quote-unquote, that controlled when he ate, walked, and talked. Despite his criminal past and his homelessness, magistrate Teresa Stokes allowed him to be released from jail on a written promise to appear.

[00:23:46] See, this is the role of the magistrate, which is to make sure that you set conditions that ensure that you come back for your appearance in court. Now, if you're a flight risk or something or you're a menace to the community, then they can impose bond and bail and stuff like that. But for some reason, this person was essentially released on their own recognizance.

[00:24:14] In other words, hey, you've got to come back to court, and I trust that you will come back to court. So I'm not going to put you under a bail condition. In court last month on this charge, so he did show up to court. That's what the magistrate did, like the magistrate let him go, has him with the promise that he will appear. And he did appear in court, right?

[00:24:38] So it doesn't seem like the magistrate making that decision to make sure he shows up in court, it doesn't seem like that was the wrong decision. To ensure he shows up. However, if you are a menace to the society around you, then maybe that would have been a condition to keep him. In court, his public defender questioned his mental capacity.

[00:25:08] The judge in the case, Roy Wiggins, ordered a forensic evaluation. Brown's mother says that the court should have never let her son be out in the community, knowing that he had mental health issues and previous arrests. And I agree with her. Like, you have a rap sheet that includes violent offenses, and you've now been involuntarily committed by your family,

[00:25:36] and you've been diagnosed schizophrenic, and you're out on the street, you're aggressive. Like, yeah, red flags all over the place. CMPD's community policing team was also well acquainted with the suspect. They encountered him three times last year and referred him to resources each time. CMPD has still not answered questions about what those resources are, and if he accepted any of them, if police have any recourse,

[00:26:05] if they keep encountering somebody who refuses help, and why Brown wasn't arrested if he was accused of criminal activity. By the way, Katz reportedly spends about $14 million for security. All right, so you've heard me talk about creative video for almost a year, but did you know they also offer a game-changing app for businesses that reward their teams with incentive trips? Well, they do. It's called Incentive Trip Kit. If you own a business or work at one that offers these incentive trips,

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[00:27:27] Before I forget, we got the upcoming Walk to End Alzheimer's. It's part of the Alzheimer's Association. The Walk to End Alzheimer's occurs starting in September through October, different locations all over the place, all over America. So they've got one in like every county. The next one coming up, you've got September 27th, Liberty Park in Mooresville.

[00:27:56] There's also one, Iredell and Lake Norman. In October, Gastonia on October 11th, I'll be emceeing that walk. And then in Charlotte on the 18th of October, I'll be participating in that walk. And if you would like to join my team and walk with me and raise money for the Alzheimer's Association,

[00:28:23] you can do that by going to alz.org slash walk. And it's a really great event. We have a lot of good moments. There's a ceremony at the beginning. And again, if you want to walk with me and the team, you can do that. You just go to the website, alz.org slash walk, and then search for my team name, which is Pete's Pack, P-A-C-K, Pete's Pack. And then you walk and you show up and you walk with us.

[00:28:51] If you cannot make it to the event or you don't want to walk or you can't walk, that's fine. You can make a donation. We're trying to raise, like, I think I set the goal at 5,000. I did it a couple weeks back. It's either 5,000 or 6,000. And we hit our goal last year. So I want to try to hit the goal again to this year. So if you can make a donation, we would very much appreciate it. Again, that's alz.org slash walk. Let me go to the phones and chat with Susan. Hello, Susan.

[00:29:21] Welcome to the show. Hey, Pete. I heard your quoting of, I believe they had $14 million in security for cats. That's what, yeah, that's what I've seen reported. Yeah. Right. Well, my question is this. When the light rail first started, there was a lot of security on there because they had to make sure that everyone was paying their own way. That's theoretically... Yeah.

[00:29:50] And that's what this private contractor is supposed to be doing as well. Fair collection and security. Oh, supposed to be. Good. Nice choice of words. Well, I don't know. I mean, there did not appear to be, obviously, any security on that train. No. And it's not like we have this, like, massive fleet of trains, you know? Right. So, like, maybe it was on a different train. Maybe there wasn't anybody on any train that night. I don't know.

[00:30:17] But a Friday night in South End seems like a pretty, you know, high priority for the light rail system, particularly when you build up an entire area of the city around that light rail, that line. And you've encouraged all of the apartment buildings and all of the restaurants and bars to build there. And now they're there.

[00:30:40] And I don't think it's wise to then just abandon the train line security after you've invested all this effort to making that area boom. It's just being funneled into somebody else's pocket. Well, yeah. I don't know. I mean, and maybe the $14 million isn't enough. I don't know if they're riding around on buses. I don't know if they're uniformed officers or something, or if they are, you know, like TSA or not TSA.

[00:31:07] Yeah, I guess TSA or the Sky Marshals, right? Maybe they're undercover. I don't know. I know nothing about their security system. And I would understand why they wouldn't want to divulge all of those details if they are doing undercover monitoring. But it's obvious there wasn't anybody on that train on Friday night. Right. That girl would still be alive. Yeah. Exactly. Maybe so. Susan, I appreciate the call. You do great things. Thank you. I appreciate that. Take care. Bye.

[00:31:36] Back to the WSOC-TV story. Glenn Counts, long time cops in courts, beat reporter guy. I've known Glenn for a very long time. He does very good work. In my opinion, you don't have to agree with me, but I think Glenn is a straight shooter. He spoke with Kimberly Best, a retired judge who presided over the mental health court. Did you know there's a mental health court? Okay.

[00:32:06] And she said, quote, it's broken. And we've known that for a long time. Referring to the mental health system. She noted that the mental health system can only accommodate a select few, particularly those accused of serious offenses. She emphasized the need for societal change in addressing mental illness and the importance of funding mental health resources.

[00:32:31] Look, I am perfectly willing to have a conversation about mental health resources. Here's my condition. Commitment has to be one of those topics of discussion. The ability of the courts to put somebody into involuntary commitment and to keep them there

[00:33:02] until the crisis, quote unquote, is over and they are then able to go back into the society. If that's part of the conversation, then I'm open to having it. But if you're just going to tell me that we got to fund a bunch of non-government organizations and nonprofits, then that's not a robust conversation in my mind. All right. That'll do it for this episode. Thank you so much for listening. I could not do the show without your support and the support of the businesses that advertise

[00:33:31] on the podcast. So if you'd like, please support them too and tell them you heard it here. You can also become a patron at my Patreon page or go to thepetecalendershow.com. Again, thank you so much for listening and don't break anything while I'm gone.