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.
But as reported by the New York Times, this doesn’t necessarily mean the end of Dunn’s legal woes.
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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. Trump’s D.C. takeover has led to a slew of federal charges, many of which prosecutors have been forced to back away from in light of, you know, facts. It’s also a sharp reality check that *should* show the administration that the federal government’s militarized presence in D.C. is not welcomed by the public.
Earlier: Viral D.C. Sandwich Thrower ID’d As One Of The DOJ’s Own
You Have To See This Dystopian Hype Video Of Viral D.C. Sandwich Thrower’s Arrest
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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].