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Throwing a sandwich at a federal agent turned Sean Charles Dunn into an emblem of resistance towards President Trump’s law-enforcement surge within the nation’s capital. This week, federal prosecutors are attempting to steer a jury of fellow Washington, D.C., residents that Dunn merely broke the legislation.
That might be a tricky promote for the federal government in a metropolis that has chafed towards Mr. Trump’s federal takeover, which is getting into its third month. A grand jury refused to indict Dunn on a felony assault depend earlier than U.S. Legal professional Jeanine Pirro’s workplace opted to cost him as an alternative with a misdemeanor.
Securing a trial conviction might show to be equally difficult for Justice Division prosecutors in Washington, the place murals glorifying Dunn’s sandwich toss popped up nearly in a single day.
Earlier than jury choice began Monday, the choose presiding over Dunn’s trial appeared to acknowledge how uncommon it’s for a case like this to be heard in federal courtroom. U.S. District Choose Carl Nichols, who was nominated to the bench by Mr. Trump, stated he expects the trial to final not more than two days “as a result of it is the only case on this planet.”
A video that went viral on social media captured Dunn hurling a “submarine-style sandwich” at a Customs and Border Safety agent outdoors a nightclub on the night time of Aug. 10. That very same weekend, Mr. Trump introduced his deployment of lots of of Nationwide Guard troops and federal brokers to help with police patrols in Washington.
When Dunn approached a gaggle of CBP brokers who had been in entrance of a membership internet hosting a “Latin Night time,” he referred to as them “fascists” and “racists” and chanted “disgrace” towards them. An observer’s video captured Dunn throwing a sandwich at an agent’s chest.
“Why are you right here? I do not need you in my metropolis!” Dunn shouted, in response to police.
Dunn ran away however was apprehended. He was launched from custody however rearrested when a group of armed federal brokers in riot gear raided his dwelling. The White Home posted a extremely produced “propaganda” video of the raid on its official X account, Dunn’s attorneys stated. They famous that Dunn had supplied to give up to police earlier than the raid.
Dunn labored as a global affairs specialist within the Justice Division’s legal division. After Dunn’s arrest, Legal professional Basic Pam Bondi introduced his firing in a social media publish that referred to him as “an instance of the Deep State.”
Pirro, the U.S. Legal professional for Washington, D.C., additionally issued a video asserting the arrest, saying her workplace is “going to again the police to the hilt. So there, stick your Subway sandwich some other place.”
Earlier than trial, Dunn’s attorneys urged the choose to dismiss the case for what they allege is a vindictive and selective prosecution. They argued that the posts by Bondi and the White Home show Dunn was impermissibly focused for his political speech.
Julia Gatto, certainly one of Dunn’s attorneys, questioned why Mr. Trump’s Justice Division is prosecuting Dunn after the Republican president issued pardons and ordered the dismissal of assault circumstances stemming from a mob’s assault on the U.S. Capitol on Jan. 6, 2021.
“It is an apparent reply,” Gatto stated throughout a listening to final Thursday. “The reply is that they have completely different politics. And that is selective prosecution.”
Prosecutors countered that Dunn’s political expressions do not make him immune from prosecution for assaulting the agent.
“The defendant is being prosecuted for the plain motive that he was recorded throwing a sandwich at a federal officer at point-blank vary,” they wrote.
Dunn is charged with assaulting, resisting, opposing, impeding, intimidating and interfering with a federal officer. Dozens of Mr. Trump’s supporters who stormed the Capitol had been convicted of felonies for assaulting or interfering with police through the Jan. 6 assault. Trump pardoned or ordered the dismissal of expenses for all of them.
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