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Throwing a sandwich at a federal agent turned Sean Charles Dunn into an emblem of resistance in opposition to President Trump’s law-enforcement surge within the nation’s capital. This week, federal prosecutors try to steer a jury of fellow Washington, D.C., residents that Dunn merely broke the regulation.
That may very well be a troublesome promote for the federal government in a metropolis that has chafed in opposition to 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. Lawyer Jeanine Pirro’s workplace opted to cost him as an alternative with a misdemeanor.
Securing a trial conviction may show to be equally difficult for Justice Division prosecutors in Washington, the place murals glorifying Dunn’s sandwich toss popped up just about in a single day.
Earlier than jury choice began Monday, the decide presiding over Dunn’s trial appeared to acknowledge how uncommon it’s for a case like this to be heard in federal court docket. U.S. District Decide Carl Nichols, who was nominated to the bench by Mr. Trump, mentioned he expects the trial to final not more than two days “as a result of it is the only case on the earth.”
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 evening 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 bunch of CBP brokers who had been in entrance of a membership internet hosting a “Latin Evening,” 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 crew of armed federal brokers in riot gear raided his house. The White Home posted a extremely produced “propaganda” video of the raid on its official X account, Dunn’s attorneys mentioned. They famous that Dunn had provided to give up to police earlier than the raid.
Dunn labored as a global affairs specialist within the Justice Division’s prison division. After Dunn’s arrest, Lawyer Normal Pam Bondi introduced his firing in a social media put up that referred to him as “an instance of the Deep State.”
Pirro, the U.S. Lawyer 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 someplace else.”
Earlier than trial, Dunn’s attorneys urged the decide 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, one in all 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 instances stemming from a mob’s assault on the U.S. Capitol on Jan. 6, 2021.
“It is an apparent reply,” Gatto mentioned throughout a listening to final Thursday. “The reply is that they have totally 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 apparent cause 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 costs for all of them.
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