A judge must decide if the heave of a sandwich constitutes assault in a surreal trial that began in Washington D.C. on Tuesday.

In August, former DOJ employee Sean C. Dunn threw a Subway sandwich at ICE agent Gregory Lairmore while protesting the agency’s activity in the D.C. area. Viral video of the incident shows Dunn deliberately chucking his sandwich at an ICE agent’s chest and then running away from the agents.

The Department of Justice has tried and so far failed to convict Dunn on any crimes, though they really want to. Weeks after the incident, a panel of 23 citizens rejected demands from prosecutors working for Jeanine Pirro, the U.S. Attorney for Washington D.C., to indict Dunn with felony charges for the hoagie heave.

Prosecutors are now trying to charge Dunn with misdemeano

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