Trial starts for assault case against DC man who tossed sandwich at
federal agent on viral video
[November 04, 2025]
By MICHAEL KUNZELMAN
WASHINGTON (AP) — Throwing a sandwich at a federal agent turned Sean
Charles Dunn into a symbol of resistance against President Donald
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 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 Trump, said he expects the trial to last no
more than two days “because it’s the simplest case in the world.”
Jurors are scheduled to hear attorneys' opening statements on Tuesday.
The agent struck by the sandwich is expected to be the government's
first witness.
A video that went viral on social media captured Dunn hurling his
subway-style sandwich at a Customs and Border Protection agent outside a
nightclub on the night of Aug. 10. That same weekend, 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.
Dunn ran away but was apprehended. He 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. They noted that
Dunn had offered to surrender to police before the raid.
Dunn worked as an international affairs specialist in the Justice
Department’s criminal division. After Dunn’s arrest, Attorney General
Pam Bondi announced his firing in a social media post that referred to
him as “an example of the Deep State.”
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Posters of a person throwing a sandwich are pictured along H Street,
Aug. 17, 2025, in Washington. (AP Photo/Julia Demaree Nikhinson,
File)
Before trial, Dunn's lawyers urged the judge to dismiss the case for
what they allege is a vindictive and selective prosecution. They argued
that the posts by Bondi and the White House prove Dunn was impermissibly
targeted for his political speech.
Julia Gatto, one of Dunn’s lawyers, questioned why Trump’s Justice
Department is prosecuting Dunn after the Republican president issued
pardons and ordered the dismissal of assault cases stemming from a mob’s
attack on the U.S. Capitol on Jan. 6, 2021.
“It’s an obvious answer,” Gatto said during a hearing last Thursday.
“The answer is they have different politics. And that’s selective
prosecution.”
Prosecutors countered that Dunn’s political expressions don’t make him
immune from prosecution for assaulting the agent.
“The defendant is being prosecuted for the obvious reason that he was
recorded throwing a sandwich at a federal officer at point-blank range,”
they wrote.
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.
For several hours on Monday, the judge, prosecutors and defense
attorneys individually questioned prospective jurors about their
knowledge of the case and other potential biases. A white noise maker
prevented courtroom observers from hearing their conversations.
After jury selection started — but before the jurors were seated —
Dunn's attorneys asked the judge to restart the process in open court so
the public could hear their responses. The judge denied that request,
saying it seems “drastic.”
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