DOJ Fails To Indict D.C. Sandwich Thrower, Fate Of Ham Sandwich Still Unknown - Above the Law
Briefly

A longstanding joke about grand jury standards contrasts with a real failure by the Department of Justice to obtain an indictment in a sandwich-throwing case. The accused, Sean Charles Dunn, is a former Justice Department paralegal who allegedly called a federal agent a fascist and threw a Subway sandwich at the officer. Federal agents in riot gear arrested him on felony charges. Prosecutors may attempt another indictment or downgrade to a misdemeanor, which does not require a grand jury. Recent D.C. federal prosecutions have faced similar reversals, and the heavy law enforcement presence in the capital has met public resistance.
It's a long standing joke that the standard of proof for a grand jury (where only the government has an opportunity to present evidence) is so low that prosecutors could secure an indictment against a ham sandwich. It's not a particularly funny joke, mind you, but it is widely known in the legal profession. What *is* funny as hell is that the Department of Justice has failed to secure an indictment against a man accused of throwing a sandwich.
In case you've been in a cave and missed the viral story, in the midst of Donald Trump's militarization on the nation's capital, Sean Charles Dunn - a former DOJ employee - allegedly called a federal agent a fascist and threw a Subway sandwich at the officer. And because this administration loves making mountains out of every perceived slight, they sent 20 law enforcement agents swathed in riot gear to arrest Dunn on felony charges.
It remained unclear if prosecutors planned to try again to obtain an indictment against Mr. Dunn, 37, a former Justice Department paralegal. They could also forgo seeking felony charges and refile his case as a misdemeanor, which does not require an indictment to move forward. This highly publicized and pun-rich embarrassment for the DOJ is far from the only one in recent days.
Read at Above the Law
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