Overview
- A D.C. jury was seated and heard openings Tuesday, with prosecutors calling the case a straightforward assault and the defense conceding the throw but describing it as a harmless act of protest.
- CBP Agent Gregory Lairmore testified the sandwich struck his chest hard enough to feel through his ballistic vest and left mustard and onion on his uniform, claims the defense challenged using video showing the sandwich largely intact on the ground.
- Judge Carl Nichols said he expects a brief, two-day proceeding and paused testimony Tuesday to refine jury instructions after earlier rejecting a government request to delay over instruction disputes.
- The case proceeded as a misdemeanor after a grand jury declined to indict on a felony; Dunn faces up to one year in jail and was fired from his Justice Department job following his arrest.
- Defense attorneys argue selective and vindictive prosecution tied to Dunn’s criticism of the federal deployment, while prosecutors say he is being charged because he was recorded throwing an object at a federal officer at close range.