Washington, D.C. – On August 26, U.S. Attorney for the District of Columbia Jeanine Pirro suffered another setback in her aggressive campaign to punish attacks on federal law enforcement, as a grand jury declined to indict Sean C. Dunn, a 37-year-old former DOJ paralegal, for allegedly throwing a Subway sandwich at a Customs and Border Patrol (CBP) agent on August 10.
The incident, captured on video and accompanied by Dunn’s alleged shouts of “F— you! You f—ing fascists!” has drawn ridicule and raised questions about Pirro’s prosecutorial competence, especially after her office failed to secure an indictment against another defendant, Sydney Lori Reid, for a similar felony assault charge. The failures, set against President Donald Trump’s contentious second term, highlight tensions over federal policing in D.C. and could impact GOP credibility in the 2026 midterms.
The Sandwich Incident and Failed Indictment – How It Went Down
The incident occurred on August 10, when Dunn, then a paralegal in the DOJ’s Office of International Affairs, confronted a CBP agent patrolling 14th Street NW. According to the statement of facts, Dunn shouted, “Why are you here? I don’t want you in my city!” before hurling a Subway sandwich, described as a “forceful throw,” and fleeing. Arrested by D.C. Metro Transit Police, Dunn admitted, “I did it. I threw a sandwich,” per court documents.
Attorney General Pam Bondi, a Trump appointee, fired Dunn and charged him with felony assault under 18 USC § 111(a)(1) for impeding a federal officer, announcing on X on August 14, “He has been charged with a felony… You will NOT work in this administration while disrespecting our government and law enforcement.”
However, a grand jury on August 25 declined to indict Dunn, though the court docket has not yet updated, and Dunn’s attorney declined comment. The failure echoes Pirro’s earlier stumble in the case of Sydney Lori Reid, 44, accused of assaulting an FBI agent on July 22, causing “bodily injury” during a gang member transfer. After three grand juries returned “no true bill,” Pirro’s office downgraded Reid’s charge to a misdemeanor, per court filings.
Legal experts, citing former Judge Sol Wachtler’s quip that a prosecutor could “indict a ham sandwich,” called Pirro’s repeated failures “thoroughly embarrassing,” noting grand juries’ low probable cause threshold.
Bondi’s “Deep State” Crackdown
Bondi framed Dunn’s case as a strike against “Deep State” actors within the DOJ, stating on X, “This is an example of the Deep State we have been up against for seven months as we work to refocus DOJ.” Her rhetoric aligns with Trump’s broader purge of perceived disloyal federal employees, including the firing of FBI agents and DOJ staff linked to January 6 investigations.
Pirro, appointed in June 2025, has prioritized prosecuting assaults on federal officers amid Trump’s D.C. police federalization, which critics argue inflates crime stats to justify control, per admitted “reconfigured” data by Press Secretary Karoline Leavitt.
On X, reactions are polarized. Liberals like @CalltoActivism mocked, “Pirro can’t even indict a guy for throwing a sandwich—Trump’s DOJ is a clown show!” MAGA users like @PatriotDC defended Bondi, posting, “Dunn’s a traitor—Bondi’s cleaning house!” The sandwich incident has become a meme, with @DCResist joking, “Pirro vs. the Subway sub: 0-1.”
National Tensions and D.C.’s Policing Debate
The case unfolds amid a polarized national landscape distinct from prior controversies. Trump’s July executive order federalizing D.C. policing, bypassing local control, has sparked “Free D.C.” protests, with D.C. Attorney General Brian Schwalb suing to block it.
The policy, tied to a DOJ probe into alleged crime data manipulation, has drawn comparisons to authoritarian tactics, with 62% of D.C. residents opposing federalization, per a 2025 YouGov poll. Meanwhile, the collapse of Trump and Melania’s scammy meme coins, a $243 million Tesla Autopilot verdict, and a Minneapolis Catholic church shooting show broader governance challenges.
Pirro’s struggles reflect DOJ internal friction, with 15% staff turnover since Trump’s January 2025 return. Bondi’s push to root out “Deep State” actors risks alienating career prosecutors, with former U.S. Attorney Preet Bharara warning of politicized justice. The Reid case, involving alleged gang-related assault, and Dunn’s sandwich-throwing highlight Pirro’s focus on symbolic prosecutions, potentially at the expense of credibility.
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What’s Next?
Pirro’s office may pursue a misdemeanor charge against Dunn, as in Reid’s case, with a hearing expected by September 2025. The failures could weaken her standing, appointed to signal loyalty to Trump, and fuel Democratic narratives of DOJ dysfunction. GOP vulnerabilities, seen in rural backlash to CPB cuts and a Michigan ballot stuffing scandal, add pressure.
The sandwich case, while comical, shows serious questions about federal overreach and prosecutorial priorities in D.C., where 18 USC § 111 charges have surged 30% since January 2025, per DOJ data.
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