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Jury declines to indict former Justice Department staffer arrested for throwing sandwich at federal agent

Dunn, who used to work as a paralegal at the Justice Department, was caught on camera throwing a sandwich at a US Customs and Border Patrol Agent.

A federal grand jury declined to indict Sean DunnUS prosecutors had sought a felony assault charge against Sean Dunn. (Photo: Screengrab)

A federal grand jury declined to indict Sean Dunn, a former Justice Department staffer who was arrested for throwing a sandwich at a federal law enforcement agent while protesting President Donald Trump’s crime crackdown in Washington.

What did Sean Dunn do

Dunn, who used to work as a paralegal at the Justice Department, was caught on camera throwing a sandwich at a US Customs and Border Patrol Agent in front of a Subway location in a bustling Washington neighbourhood on August 10.

Calling them fascists, 37-year-old Dunn yelled at officers, “Why are you here? I don’t want you in my city!” before hurling the sandwich.

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Though Dunn tried to run, he was quickly chased and arrested by officers. After his video went viral, Dunn was fired by the Justice Department and he was charged by a criminal complaint with assaulting, resisting and impeding officers.

How Trump administration reacted

Justice Department officials touted the case as they vowed to punish any interference with police, and the White House released a social media video showing several armed agents arresting him.

federal grand jury declined to indict Sean Dunn. Sean Dunn became an unlikely symbol of resistance. (Photo: AP)

Dunn, who has not entered a plea, also became an unlikely symbol of resistance to the Trump administration’s show of force in Washington.

US prosecutors had sought a felony assault charge against him, but on Wednesday, the grand jury declined to indict him.

According to US media, it is highly unusual for grand juries not to indict, as it is typically a routine step in bringing in a criminal case.

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A Reuters report stated that the prosecutors are likely to try again to seek an indictment before a different grand jury. US law typically gives the Justice Department 30 days to secure an indictment after an arrest.

Second grand jury setback

The failure to indict in this sandwich-related case illustrates the challenges facing prosecutors in Washington as they face orders to bring the most severe federal charges available against those arrested in law enforcement sweeps. The Trump administration has deployed federal agents and National Guard troops to curb what Trump has portrayed as an out-of-control crime problem in the nation’s capital, despite police statistics showing a decline in violent crime following an earlier surge.

The decision marked the second time in recent days that a grand jury stymied federal prosecutors in Washington seeking a felony indictment.

US prosecutors also tried and failed three times to indict a woman on the same charge for allegedly slamming an FBI agent’s hand during a confrontation outside a Washington jail last month. The charge was downgraded to a misdemeanor.

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