A federal grand jury has declined to indict a former US justice department employee who was caught on video throwing a sandwich at a customs and border protection (CBP) agent during a protest in Washington, DC, according to CNN citing a person familiar with the matter.Sean Charles Dunn, previously an international affairs specialist in the justice department’s criminal division, was arrested on assault charges shortly after the August 2020 incident. He was later fired from his job.The episode, which occurred in the early days of President Donald Trump’s federal law enforcement deployment in DC, was captured on video and widely circulated. It shows Dunn throwing a sub-style sandwich at the agent’s chest after reportedly shouting, “Why are you here? I don’t want you in my city!”According to a police affidavit, Dunn pointed his finger in the agent’s face, used profanities, and attempted to flee before being apprehended. Though initially released, he was rearrested by federal agents. A video of that arrest was later posted by an official White House social media account.Grand jurors meet behind closed doors to determine whether enough evidence exists to proceed with felony charges. While prosecutors could re-present the case, the grand jury’s refusal is significant, especially amid criticism of the federal handling of arrests during Trump’s law enforcement surge, which resulted in over 1,000 arrests.Defense lawyers and at least one magistrate judge have questioned the federal government’s role in cases typically managed by local authorities. In a separate instance, prosecutors dropped a case after a man was jailed for a week, prompting a judge to label the search involved “the most illegal” he had seen.In another related case, three separate grand juries declined to indict a woman accused of assaulting an FBI agent near the DC jail. Prosecutors are now pursuing a lesser misdemeanor assault charge against her.A spokesperson for US attorney Jeanine Pirro’s office, which is handling Dunn’s case, declined to comment. Dunn’s lawyer also refused to provide a statement.