Ex-DOJ worker accused of hurling sandwich that ‘exploded’ on federal officer claims it was protest, not crime

In a federal courtroom in Washington, D.C., a man stands firm in his claim that a sandwich he tossed at a U.S. Customs and Border Protection agent was an act of protest, not aggression. Sean Dunn, the individual at the center of this unusual case, began his trial this week, facing charges that include assaulting and interfering with a federal officer.

Dunn, who worked at the Justice Department as an international affairs specialist within its criminal division, allegedly committed this act during a protest against President Donald Trump’s decision to deploy the National Guard in the nation’s capital on August 10. The Associated Press reports that Dunn’s legal troubles arise from this very protest, where the sandwich was thrown.

Prosecutors argue that such actions cross a line. “No matter who you are, you can’t just go around throwing stuff at people because you’re mad,” stated Assistant U.S. Attorney John Parron as Dunn stood trial on a misdemeanor assault charge.

The case hinges not on whether Dunn hurled the sandwich—he admits to doing so—but rather on the intent behind the act. Dunn’s defense contends that the sandwich toss was a symbolic gesture meant to underscore his disapproval of the National Guard’s presence in Washington, D.C., rather than an attempt to harm or intimidate the federal officer standing outside a nightclub.

Man tossing sandwich

The incident, which took place in a city already on edge from national tensions, raises questions about the boundaries of protest and the consequences of actions taken in moments of political dissent. As the trial unfolds, the court will be tasked with determining whether Dunn’s sandwich toss was a protected form of expression or an inexcusable breach of conduct.

While Dunn does not dispute that he threw the sandwich at a CBP officer outside a nightclub, his legal team is insisting it was done as an “exclamation point” to express his negative feelings about the National Guard’s deployment within the nation’s capital.

“It was a harmless gesture at the end of him exercising his right to speak out,” defense attorney Julia Gatto said. “He is overwhelmingly not guilty.”

Video of the incident quickly went viral, with Dunn being heralded as a hero by residents throughout the city who also opposed Trump’s move to occupy Washington, D.C., with federal agents.

FBI and Border Patrol officers speak with Sean Charles Dunn,

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)

“He did it. He threw the sandwich,” Gatto told the jury. “And now the U.S. Attorney for the District of Columbia has turned that moment — a thrown sandwich — into a criminal case, a federal criminal case charging a federal offense.”

However, Parron hit back at Dunn’s attorney’s claims.

“Respectfully, that’s not what this case is about,” Parron said. “You just can’t do what the defendant did here. He crossed a line.”

Law enforcement takes Sean Charles Dunn into custody in Washington, D.C.

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 )

A grand jury previously declined to indict Dunn on a felony assault count, with U.S. Attorney Jeanine Pirro’s office ultimately deciding to bring a misdemeanor charge against him.

The government’s first witness, CBP Agent Gregory Lairmore, took the stand to describe how the sandwich “exploded” when it struck his chest, hitting him hard enough that he felt it through his ballistic vest.

“You could smell the onions and the mustard,” Lairmore added.

Lairmore testified that he was standing outside of a local nightclub with a group of CBP agents when Dunn approached them, allegedly yelling profanities while calling the group “fascists” and “racists” as officers attempted to de-escalate the situation.

“He was red-faced. Enraged. Calling me and my colleagues all kinds of names,” Lairmore said. “I didn’t respond. That’s his constitutional right to express his opinion.”

Dunn allegedly fled the scene after throwing the sandwich, but was apprehended a few blocks away. During the trial, jurors watched body camera video of Dunn’s arrest.

“I was trying to draw them away from where they were,” Dunn said on the video. “I succeeded.”

Dunn’s attorney and the Department of Justice did not immediately respond to Fox News Digital’s request for comment.

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