Federal Grand Jury Declines to Indict Man Who Threw Sandwich at CBP Agent in DC amidst Trump’s Law Enforcement Surge

A man who was captured on camera launching a sandwich at a federal law enforcement officer in Washington D.C.’s capital has not faced felony charges, according to sources familiar with the matter.

Sean Charles Dunn was taken into custody for assault after he hurled a sub-style sandwich at a Customs and Border Protection agent. The incident, which gained widespread attention following the release of a viral video, resulted in his termination from his role as an international affairs specialist within the Justice Department’s criminal division.

The case represents one of several instances where there has been pushback against President Donald Trump’s enforcement surge in Washington D.C., leading to over 1,000 arrests. It is uncommon for grand jurors to decline to return an indictment, a process traditionally used to determine if there is sufficient evidence for charges.

However, prosecutors have the option to reattempt securing an indictment in Dunn’s case. The individual who disclosed the failure to obtain an indictment against Dunn on Tuesday was not authorized to discuss the matter publicly and spoke under the condition of anonymity.

Efforts to reach a spokesperson for the top federal prosecutor in the District of Columbia, U.S. Attorney Jeanine Pirro, were unsuccessful. An attorney representing Dunn could not be reached for comment.

The New York Times initially reported on this development.

Dunn’s arrest occurred during one of the early days following Trump’s August 11 order for federal agents and troops to deploy in Washington. Authorities claim that Dunn approached a group of CBP agents, pointed at an agent, and used profanity, labeling him a “fascist.” According to a police affidavit, an eyewitness video captured Dunn throwing the sandwich at the agent’s chest.

“Why are you here? I don’t want you in my city!” Dunn reportedly shouted, as per police records. Dunn attempted to flee but was eventually apprehended, authorities said. He was initially released before being re-arrested by federal agents. A video of the agents arresting and handcuffing him was shared online via an official White House X account.

Concerns have been raised over the handling of arrests by the federal government, with defense lawyers and at least one federal judge expressing apprehension regarding cases where charges are typically handled by local authorities instead of federal prosecutors. This week, a magistrate judge criticized prosecutors for detaining a man for a week before deciding to drop the case, calling it “the most illegal search I have ever seen in my life.”

In another recent case, Washington-based prosecutors acknowledged that three grand juries had separately voted against indicting a woman accused of assaulting an FBI agent outside the city’s jail in July. Having been denied by the grand juries, U.S. Attorney Jeanine Pirro’s office is instead pursuing a misdemeanor assault charge against Sydney Lori Reid.