The federal judge handling the case of Sean Charles Dunn, who hurled a sandwich at a Customs and Border Patrol agent back in August, would be simple.
The incident, which went viral on social media, was one of many showing the backlash against President Donald Trump’s immigration enforcement policies.
From CBS News:
Throwing a sandwich at a federal agent turned Sean Charles Dunn into a symbol of resistance against President Trump's law-enforcement surge in the nation's capital. This week, federal prosecutors are trying to persuade a jury of fellow Washington, D.C., residents that Dunn simply broke the law.
That could be a tough sell for the government in a city that has chafed against Mr. Trump's federal takeover, which is entering its third month. A grand jury refused to indict Dunn on a felony assault count before U.S. Attorney Jeanine Pirro's office opted to charge him instead with a misdemeanor.
Securing a trial conviction could prove to be equally challenging for Justice Department prosecutors in Washington, where murals glorifying Dunn's sandwich toss popped up virtually overnight.
Before jury selection started Monday, the judge presiding over Dunn's trial seemed to acknowledge how unusual it is for a case like this to be heard in federal court. U.S. District Judge Carl Nichols, who was nominated to the bench by Mr. Trump, said he expects the trial to last no more than two days "because it's the simplest case in the world."
A video that went viral on social media captured Dunn hurling a "submarine-style sandwich" at a Customs and Border Protection agent outside a nightclub on the night of Aug. 10. That same weekend, Mr. Trump announced his deployment of hundreds of National Guard troops and federal agents to assist with police patrols in Washington.
When Dunn approached a group of CBP agents who were in front of a club hosting a "Latin Night," he called them "fascists" and "racists" and chanted "shame" toward them. An observer's video captured Dunn throwing a sandwich at an agent's chest.
"Why are you here? I don't want you in my city!" Dunn shouted, according to police.
In hindsight Sean Dunn was lucky there was video footage of his stupid sandwich throw. This was not felony assault. pic.twitter.com/yfofgEr8Oo https://t.co/Vim7z7HSMV
— Oliver Darko (@oliver_drk) August 27, 2025
Dunn fled shortly after throwing the sandwich but was apprehended. He was later released. However, shortly after, armed federal agents raided his home.
The Justice Department initially sought to charge Dunn with felony offenses. However, a grand jury refused to indict, so prosecutors pivoted and brought a misdemeanor charge instead. If convicted, he could face up to one year in jail, along with fines and probation.
