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A jury trial for Dunn is scheduled to start on Nov. 3. Dunn didn't speak to reporters as he left the courtroom. His attorney, Sabrina Shroff, declined to comment on the case.

A bystander’s video captured Dunn throwing a “sub-style� sandwich at a Customs and Border Protection agent on the night of Aug. 10, a court filing said.

As the video spread on the internet, the White House touted Dunn’s arrest on social media. But the image of Dunn throwing a sandwich also has become a protest symbol.

Over 2,000 people have been arrested on surge-related charges since the operation started on Aug. 7. More than 50 of them, including Dunn, have been charged in the district court. Prosecutors already have asked the court to dismiss eight of those cases, including charges against two people who were accused of threatening to kill Trump.

It is extraordinarily rare for a federal grand jury to balk at returning an indictment, but it has happened at least eight times in six cases since Trump’s surge over a month ago.

Dunn, 37, of Washington, was an international affairs specialist in the Justice Department’s criminal division, but Attorney General Pam Bondi said he was fired after his arrest on a felony assault charge.

Around 11 p.m. on Aug. 10, Dunn approached a group of CBP agents, pointed a finger in an agent’s face and swore at him, calling him a “fascist,� a police affidavit says. An observer’s video captured Dunn throwing a sandwich at the agent’s chest, the affidavit says.

“Why are you here? I don’t want you in my city!� Dunn shouted, according to police.

Dunn tried to run away but was apprehended, police said.

Dunn’s case is assigned to U.S. District Judge Carl Nichols, whom Trump nominated during his first term in the White House.

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