Feds charge 'Subway' sandwich tosser with misdemeanor after grand jury balks at felony indictment

A person walks past art work depicting former DOJ employee Sean Charles Dunn is displayed against a restaurant wall on August 17, 2025 in the Adams Morgan neighborhood of Washington.

Prosecutors have charged the man accused of throwing a "Subway" sandwich at a federal officer on a Washington, D.C., street with just misdemeanor assault after failing to convince a grand jury to indict him on a felony assault charge, court records show.

Former Department of Justice employee Sean Charles Dunn is accused of tossing the sandwich at a Customs and Border Protection officer on Aug. 10 in D.C.'s U Street nightlife area.

That officer and other federal authorities had been deployed to Washington by President Donald Trump to crack down on what the president has claimed is a rampant crime problem in the capital.

"F--- you! You f---ing fascists! Why are you here? I don't want you in my city!" Dunn allegedly shouted at a group of federal officers before slinging the salami sandwich at one of them.

Dunn, 37, was fired by the DOJ , where he worked in the criminal division's international affairs section, after his arrest at the scene.

"This is an example of the Deep State we have been up against for seven months as we work to refocus DOJ," Attorney General Pam Bondi wrote in a post on X touting Dunn's termination. "You will NOT work in this administration while disrespecting our government and law enforcement."

But Dunn now faces much less potential time behind bars if convicted of misdemeanor assault than if he were convicted of the felony prosecutors wanted.

Prosecutors lodged a so-called information — a type of charging document — against Dunn in U.S. District Court in D.C. after striking out with the desired grand jury indictment.

CNBC has requested comment from the office of U.S. Attorney for the District of Columbia Jeanine Pirro, which is prosecuting Dunn.