Jury selection is set to begin Monday for Sean Dunn, a former DOJ paralegal charged with misdemeanor assault for throwing a Subway sandwich at a federal agent in August during a law enforcement surge in D.C.

Dunn was initially facing felony assault, but a federal grand jury declined to indict on that count.

Prosecutors and defense attorneys are disputing jury instructions, particularly the elements required to prove misdemeanor assault, though the judge will resolve these issues before trial.

Dunn’s lawyers argue he is being “vindictively” and “selectively” prosecuted, citing a SWAT team raid on his apartment despite his offer to surrender, and pointed to public comments and videos by officials they claim were taunting, WTOP News has reported.

Following his arrest, Dunn was fired from the Justice Department, and the case has drawn attention due to its unusual circumstances and publicized media coverage.