Additional Coverage:
- JONATHAN TURLEY: Grand jury finds indictment of ex-DOJ employee tough to swallow. Can justice be served? (foxnews.com)
Ham Sandwich Assault Case Fizzles: Grand Jury Declines to Indict
A grand jury has declined to indict a former Justice Department employee, Sean Charles Dunn, 37, after he allegedly assaulted a Customs and Border Protection (CBP) officer with a wrapped sandwich. The incident, caught on video, occurred near 14th and U streets in Washington, D.C. on August 10th.
The video reportedly shows Dunn shouting obscenities at CBP agents before throwing his sandwich and fleeing. While Dunn later admitted to the sandwich toss, the grand jury decided not to move forward with an indictment.
The decision comes as a surprise to some, especially U.S. Attorney Jeanine Pirro, who had publicly promised to prosecute Dunn to the fullest extent of the law. Pirro had previously characterized the incident as a felony assault on a police officer.
Legal experts speculate that the grand jury may have viewed the incident as a simple assault, rather than the more serious felony charge initially pursued. The lack of any reported injury to the officer likely contributed to this decision. Some suggest the decision may be a form of jury nullification, given the District of Columbia’s reputation for having a liberal jury pool.
Adding another layer of intrigue to the case is an ongoing inquiry into a possible leak of the grand jury’s decision, a violation of strict secrecy rules.
While Dunn has avoided indictment on felony charges, the question remains whether Pirro will pursue a misdemeanor charge. Some argue that even a lesser charge is necessary to uphold the principle of accountability for assaults against law enforcement officers. Dunn has already been terminated from his position at the Justice Department.