The trial of a former Justice Department employee accused of assaulting a U.S. Customs and Border Protection agent with a sandwich is expected to be brief, lasting no more than two days, according to the presiding judge. U.S. District Judge Carl Nichols described the case as “the simplest case in the world” during a session on Monday.

Judge Nichols, who was appointed by former President Donald Trump, made these comments as preparations were underway for opening statements scheduled for Tuesday. The trial involves Sean Charles Dunn, who is accused of throwing a sandwich at the agent in Washington, D.C. The agent, who was hit by the sandwich in the August incident, will be the government’s first witness, The Associated Press reported.

Dunn initially faced felony charges, but a grand jury chose not to indict him. He is now being prosecuted on a misdemeanor charge instead.

Video footage from the incident reportedly shows a person fleeing from law enforcement after launching the sandwich at the officer. According to the statement of facts accompanying the criminal complaint filed in August, Dunn allegedly shouted at CBP Agent Gregory Lairmore before throwing the sandwich.

The court documents identify Sean Charles Dunn as the person who allegedly threw a Subway sandwich at the federal agent in Washington, D.C.

“DUNN stood within inches of (Lairmore), pointed his finger in (Lairmore’s) face and yelled, ‘F— you! You f—ing fascists! Why are you here? I don’t want you in my city!’” according to the document.

Dunn tossed “a sandwich at him, striking (the CBP agent) in the chest,” the document added. “While being processed at Metropolitan Police Department’s Third District, DUNN told MTP Officer Gurkaranjot Thandi, ‘I did it. I threw a sandwich.’”

Dunn ran away but was apprehended. He was released from custody but was rearrested when a team of armed federal agents raided his home. 

His lawyers argued that the White House posted a highly produced “propaganda” video of the raid on its official X account, noting that Dunn had offered to surrender to police before the raid.

FBI and Border Patrol officers arrest Sean Charles Dunn after he allegedly assaulted law enforcement with a sandwich along the U Street corridor in Washington, D.C., on Aug. 10, 2025. (Andrew Leyden/Getty Images )

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.”

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.

FBI and Border Patrol officers speak with Sean Charles Dunn, after he allegedly assaulted law enforcement with a sandwich on Aug. 10, 2025, in Washington, D.C.  (Andrew Leyden/Getty Images)

Dunn is charged with assaulting, resisting, opposing, impeding, intimidating and interfering with a federal officer.