In a highly unusual move, a grand jury has refused to return a felony indictment against a man accused of throwing a wrapped Subway sandwich at a federal agent in Washington, DC, sources tell outlets including the Wall Street Journal. The US Attorney's office in DC had sought an indictment against Sean Dunn on a felony count of "assaulting, resisting, or impeding certain officers and employees of the United States," which carries a sentence of up to eight years in prison, CNBC reports. The New York Times describes the grand jury's move as a "sharp rebuke by a panel of ordinary citizens" against prosecutors pursuing stiff charges against people arrested during the federal government's crackdown in the capital.
The Times notes that it's very rare for prosecutors to fail to secure an indictment from a grand jury "because they are in control of the information that grand jurors hear about a case and defendants are not allowed to have their lawyers in the room as evidence is presented." Dunn, 37, was fired from his job at the Department of Justice after the Aug. 10 incident, with Attorney General Pam Bondi calling him "an example of the Deep State."
Dunn allegedly chucked the sandwich, hitting a Customs and Border Protection agent in the chest, after confronting federal agents in an area full of bars and restaurants, calling the agents "fascists." It's not clear whether prosecutors will take another shot at securing a felony indictment. If they can't do so within 30 days of Dunn's arrest, they will have to either dismiss the case or pursue a misdemeanor charge instead, the Times reports. The Washington Post reports that Dunn has become a "resistance icon" in the capital, with Banksy-style posters depicting him throwing the sub going up around town and demonstrators brandishing Subway sandwiches at protests.
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