Jeanine Pirro’s office fails to secure indictment against sandwich thrower.

Federal prosecutors failed to secure an indictment against a man who threw a sandwich at a federal agent in Washington D.C. this month, the New York Times reports.

A D.C. grand jury declined to indict the fired DOJ official Sean Dunn on felony assault charges after he hurled a sandwich at a Customs and Border Protection officer during protests against Donald Trump’s federalizing the city.

It’s rare for a grand jury to decline to return an indictment, but the United States attorney office for the District of Columbia, headed by former Fox News host Jeanine Pirro, has failed to secure an indictment in two cases this week.

Pirro’s office sought the indictment of Sydney Reid, a D.C. woman, on the same charge as Dunn and was rejected all three times.

The US Attorney’s office said in court Monday that “an indictment has not been returned” after “a third grand jury returned a no true bill.” A no true bill is when a grand jury finds it lacks probable cause to formally charge a defendant.

Reid was accused of assaulting an FBI agent during an inmate transfer with Immigration and Customs Enforcement (ICE) in July.

Pirro’s office said on Monday that it would move ahead with charging  Reid with a misdemeanor version of the charge.

A third suspect, identified as Scott Pichon, is facing a similar charge after he allegedly spit on National Guard troops in D.C.