Federal prosecutors fail to indict sandwich slinger, ex-DOJ employee on assault charge: report

WASHINGTON — Federal prosecutors failed to persuade a DC grand jury on Tuesday to hand up a felony indictment against the ex-Department of Justice employee who threw a Subway sandwich at a Customs and Border Protection agent on the streets of Washington earlier this month.

Prosecutors in DC US Attorney Jeanine Pirro’s office convened the panel after Sean Charles Dunn was charged Aug. 13 with felony assault for slinging the sub at the chest of the federal officer three days prior.

But they were unable to convince grand jurors to approve the bill of indictment, the New York Times and NBC News reported Wednesday, citing sources familiar with the proceedings.

Dunn has been ordered to appear next before DC Magistrate Judge G. M. Harvey for a preliminary hearing at 3 p.m. Sept. 4.

It was not immediately clear whether prosecutors will refile the charges as simple assault or some other misdemeanor offense.

Typically, indictments must be approved by grand juries within 30 days of an arrest.

Dunn’s attorney, Sabrina Shroff, declined to comment when contacted by The Post. Reps for Pirro’s office did not immediately respond to a request for comment.

Viral video of the confrontation showed Dunn, 37, approaching a group of federal agents while apparently drunk and screaming that they were “fascists” before hurling his hero at the CBP officer.

“I don’t want you in my city!” he also shouted.

Dunn later confessed, “I did it. I threw a sandwich,” to a DC police officer following the scuffle on the corner of 14th and U Streets, according to the criminal complaint.

“He asked me, ‘What car did the feds pull up in?’ and I said, ‘I dunno.’ He goes up to the car and I thought he was gonna do something to the car,” said Cortez Dargin, 28, a District native who caught the hissy fit on video.

“It was mostly for him because, like, ‘You were really drunk. When you see this video, when you sober up, you’re gonna be like, whoa,’” Dargin added.

Dunn was re-arrested by an armed team of half a dozen US Marshals in an Aug. 13 night raid on his apartment about a mile northwest of the White House.

Pirro and Attorney General Pam Bondi both indicated in statements that the feds were ready to throw the book at the hoagie hucker.

“If you touch any law enforcement officer, we will come after you,” Bondi had posted on X. “I just learned that this defendant worked at the Department of Justice — NO LONGER.”

“Not only is he FIRED, he has been charged with a felony,” she added. “this is an example of the Deep State we have been up against for seven months as we work to refocus DOJ.”

Dunn worked as an international affairs specialist in the Justice Department’s criminal division, which fields cases about fugitives abroad or helps foreign countries on extradition matters with their own fugitives.

“He thought it was funny. Well he doesn’t think it’s funny today because we charged him with a felony: Assault on a police officer,” Pirro also said in a video posted to X.

Dunn’s is not the first high-profile assault of a federal officer since President Trump’s return to the White House in January.

In May, Emily Gabriella Sommer was charged after spitting on then-interim DC US Attorney Ed Martin while he was giving a live TV interview.

“Are you Ed Martin? You are Ed Martin,” the 32-year-old, who goes by the moniker “lefttits” on X, shrieked at the nonplussed prosecutor before hocking a loogie on his tan duster.

“You are a disgusting man. F— you, Ed Martin. My name is Emily Gabriella Sommer, and you are served,” she yelled while marching away with her dog.

On Aug. 14, Sommer pleaded guilty to three counts of assaulting a government official in connection with the May 8 incident as well as having spat and kicked at a deputy US Marshal while being arrested on May 22.

Her sentencing date is set for Oct. 10.

Trump’s surge of federal law enforcement to the nation’s capital since Aug. 11 has resulted in more than 1,000 arrests, a White House official revealed earlier this week.

At least 850 federal agents have been deployed so far.