A person walks past Banksy-style posters of a tester throwing a sandwich on August 21, 2025 in Washington, DC.
Kevin Dietsch | Getty ImagesFederal secutors failed to secure a grand jury indictment against a former Department of Justice employee who allegedly hurled a Subway sandwich at a U.S.
Customs and Border tection officer in Washington, D.C., The New York Times reported Wednesday.The U.S. Attorney's Office in D.C.
sought to charge the man, Sean Charles Dunn, with felony assault of an officer for the Aug.
10 sub-chucking incident, which was caught on .The DOJ fired Dunn after his arrest.It is not if secutors will try again to obtain an indictment of Dunn. The DOJ and the U.S. Attorney's Office in D.C.
did not immediately respond to CNBC's requests for .Dunn's lawyer, Sabrina Shroff, declined to on the record.It's rare for a grand jury to decline to return an indictment.
And it's rarer still in a high-file case that the government has aggressively moted in the media, as the DOJ did after Dunn's arrest.The sub-par outcome for the DOJ is the second time in three days that a grand jury has rejected an indictment effort by the office currently led by former Fox News host Jeanine Pirro.On Monday, Pirro told a judge in a separate federal criminal case in D.C.
that "an Indictment has not been returned" after "a third grand jury returned a no true bill." A no true bill is when a grand jury finds it lacks bable cause to formally charge a defendant.
The sandwich stand-off took place as President Donald Trump has clamped down on the nation's capital in order to quickly eradicate what he claims is out-of-control crime there.He has invoked a never-before-used legal power to temporarily take over the D.C.
police department and ordered a deployment of 800 National Guard members to the city, while the presence of other federal agents has ramped up.Read more CNBC coverageTrump White House pressures Fed governor Lisa Cook to go on leave as lawsuit loomsFeds fail to get indictment against DC sandwich thrower fired by DOJ: ReportFed responds to Trump effort to fire Lisa Cook, notes president needs 'cause'Trump says he'll soon have a Fed 'majority' to push rates lowerLisa Cook will sue over Trump firing from Fed board, her lawyer saysCracker Barrel scraps new logo after outrage from customers, TrumpFed mum on whether Lisa Cook is at the office after Trump removed her from boardLutnick suggests Cook's refusal to accept Trump firing from Fed supports fraud claimTrump Pentagon weighs taking equity stake in Lockheed, defense names: Lutnick'Our country is in danger': French PM takes confidence vote gamble over budget woesTrump vows new tariffs, chip restrictions on countries with digital taxesTrump tells Fed's Lisa Cook she's fired; she says 'he has no authority to do so'