The misdemeanor trial of a former Justice Department employee accused of throwing a sandwich at a federal agent has become an unlikely test case for the Trump administration’s sweeping crime crackdown in the nation’s capital amid warning signs that Washington juries and judges are increasingly rejecting U.S. Attorney Jeanine Pirro’s aggressive charging strategy.

Prosecutors initially sought to charge 37-year-old Sean Charles Dunn with felony assault on a federal officer after the August confrontation. A grand jury refused to indict, forcing the case back to a misdemeanor and allowing prosecutors to bypass the grand jury. Dunn faces up to one year in jail if convicted.