A federal grand jury has refused to hand down a felony indictment for the man who threw a Subway sandwich at a federal agent in Washington D.C.
The panel of as many as 23 citizens rejected demands from prosecutors working for Jeanine Pirro, the U.S. Attorney for Washington D.C. and former Fox News host, to hit Harry Dunn with the most serious possible charges for the now infamous incident.
The grand jury nullification is a blow to “Judge Jeanine” Pirro and to Donald Trump’s federal takeover of law enforcement in the capital—and not the first.
The setback in Dunn’s case is the fourth time in the past week that Pirro’s office has been rebuffed by a grand jury.
Three of those rejections came from just one case, in which the defendant was also accused of assaulting a federal agent. Prosecutors ultimately gave up on obtaining a felony charge and filed a misdemeanor assault charge instead, which they can do without a grand jury.
It is highly unusual for a grand jury not to return a felony indictment. The prosecution is the only side that presents evidence to the grand jury, leading to the standing joke that it is possible to indict a ham sandwich.
The grand jury also does not have to vote unanimously in favor of returning an indictment: only 12 jurors need to support the government’s prosecution.
Dunn, a 37-year-old DOJ employee who confronted a group of law enforcement agents on D.C.’s crowded U Street, threw his sub on the first night of Trump’s hostile takeover of the nation’s capital.
In a now-viral video, Dunn can be seen yelling at a group of agents standing outside a Subway.
According to prosecutors, Dunn called the agents “fascists” and shouted, “I don’t want you in my city!” before unloading his late-night meal at one of them.
Dunn dashed away, and the agents pursued him. The next day, Dunn appeared in local D.C. court, but the case wasn’t officially charged.
Assault a law enforcement officer, and you’ll be prosecuted. This guy thought it was funny—well, he doesn’t think it’s funny today, because we charged him with a felony. pic.twitter.com/O0NVAFDZrU
— Jeanine Pirro (@JudgeJeanine) August 13, 2025
Two days later, on August 13, prosecutors returned with an initial complaint in federal court.
That day, Pirro posted a video on X directly addressing Dunn.
“Stick your Subway sandwich somewhere else!” she said. That night, he was arrested at home by a 20-strong SWAT team which included U.S. Marshals in riot gear and a White House camera crew who recorded it then released a video about the “operation.” He was also fired from his DOJ job.
📹 Nighttime Routine: Operation Make D.C. Safe Again Edition pic.twitter.com/ngZsbgBpcz
— The White House (@WhiteHouse) August 14, 2025
But Dunn was released the next day by a judge without any bail or conditions and his attorney, Sabrina Shroff, told WUSA9 that she had repeatedly tried to contact the U.S. Attorney’s Office so that Dunn could turn himself in, but received no response.
He is due to appear in court for a preliminary hearing on September 4, where a magistrate judge will determine if there is probable cause that a crime occurred.
Even if the judge does find probable cause, however, the government will still need a grand jury to return an indictment to move forward with the felony assault case.
The U.S. Attorney’s office typically has 30 days from when a defendant is arrested to indict—meaning that the government would have until September 12 to convince a grand jury to indict, drop the case, or re-file it as a misdemeanor charge.
While he’s been in legal limbo, Dunn has become a symbol of Washington’s resistance to the imposition of federal rule over law enforcement.
Posters and street art portraying Dunn gearing up to throw the sandwich, often in a backwards hat and face mask, have popped up around the city.
“Not a Molotov, not a rock, but something just as disruptive, a hoagie hurled with defiance,” wrote one X user who documented the posters around D.C.
The Daily Beast has contacted the U.S. Attorney’s office for comment.
The post Citizens Refuse to Indict D.C. Subway Slinger in Blow to Trump appeared first on The Daily Beast.
