D.C. jury seated as ‘sandwich guy’ federal criminal trial begins

A Washington, D.C., jury was chosen on Monday in the case of Sean Dunn, a gay former Justice Department employee whose decision to hurl a Subway sandwich at a federal agent last summer transformed from a viral spectacle into a referendum on federal authority in the nation’s capital.

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The trial, expected to last two days, stems from an August incident captured on video that shows Dunn allegedly tossing a wrapped sandwich at a U.S. Customs and Border Protection officer during a Trump administration surge of federal agents into D.C.’s U Street corridor. Judge Carl Nichols, overseeing the case, described it as “the simplest case in the world,” the Associated Press reports.

Related: D.C. grand jury rejects DOJ attempt to indict ‘sandwich guy’

Prosecutors initially sought a felony assault charge, but a federal grand jury declined to indict Dunn, forcing the Justice Department to downgrade the case to a misdemeanor. According to court documents, Dunn, 37, who worked in the DOJ’s Criminal Division, admitted to throwing the sandwich but said he meant no harm. Dunn was fired from the DOJ shortly after the incident.

For the prosecution, Dunn’s actions constitute an assault on a federal officer. For his defenders, and many in D.C., the episode reflects something larger: a city’s unease with the visible presence of militarized federal forces patrolling local neighborhoods, particularly those known for their Black, LGBTQ+, and nightlife communities.

During jury selection, attorneys questioned potential jurors about their exposure to media coverage and their opinions on federal law enforcement. Many acknowledged familiarity with the viral video that earned Dunn the moniker “sandwich guy” online.

Related: Viral sandwich throwing D.C. man fired from DOJ job

Dunn sat quietly beside his attorney as jurors were questioned about whether they could judge the act, a tossed sandwich, apart from the politics surrounding it.

Opening arguments are expected to begin on Tuesday.