'Remarkable failure': Jeanine Pirro unable to indict guy who threw sandwich at agent

Jeanine Pirro's office again failed to secure an indictment against a suspect accused of assaulting federal agents patrolling the streets of Washington, D.C.

The U.S. attorney's office was unable to persuade a federal grand jury to indict Sean Dunn on felony assault charges for throwing a submarine sandwich at a Customs and Border Protection officer in an incident caught on video that was widely shared on social media, reported the New York Times.

"The remarkable failure by the U.S. attorney’s office in Washington was the second time in recent days that it was unable to persuade grand jurors to bring an indictment in a felony assault case against a federal agent," the Times reported. "And it amounted to a sharp rebuke by ordinary citizens against the team of prosecutors who are dealing with the fallout from President Trump’s move to send National Guard troops and federal agents into the city on patrol."

The newspaper noted that it's "extremely unusual" for prosecutors to come away without an indictment because they control the information the grand jury hears about the case, and defendants aren't even allowed to have their lawyers in the room as the evidence is presented.

"[President Donald] Trump’s decision to flood the streets of Washington with federal agents and military personnel who are generally not trained in conducting routine police stops has resulted in a flurry of defendants being charged with federal crimes that would typically be handled at the local court level, if they were filed at all," the Times reported. "It has also led to an increasing number of embarrassments for federal prosecutors, who have had to dismiss weak cases or reduce the charges that defendants were facing in recent days."

Prosecutors refiled charges in another case against Sidney Lori Reid, a woman accused of injuring an FBI agent during a pro-immigrant protest last month at a Washington jail, after they were unable to secure an indictment three times.

The new charges against Reid were downgraded to misdemeanor after prosecutors failed to get a felony indictment.