Washington DC - Federal prosecutors recently failed to secure charges for a Washington DC man who faced a felony for throwing a sandwich at a federal officer.

According to The New York Times, prosecutors were unable to persuade a grand jury to approve a felony indictment against Sean Charles Dunn on Tuesday.

It is unclear if prosecutors will try again to attain an indictment or refile the case as a misdemeanor, which would not require an indictment.

Earlier this month, a video of Dunn confronting a group of US Customs and Border Protection officers in Washington DC, and then throwing a Subway sandwich at one of them, went viral on social media.

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Dunn was protesting the thousands of federal agents President Donald Trump recently sent to "clean up" the city, which the president claims is overrun with crime.

The jury's decision not to bring charges is seen as a stunning loss for Trump's DOJ, as the jury was only presented with information provided by prosecutors, which tends to end with an indictment.

Clips of the incident got the attention of the Trump administration, which sought to make an example out of Dunn, and US Attorney for DC Jeanine Pirro announced he would be facing a felony charge over the incident.

DC prosecutors have faced several similar losses in recent days, including a jury refusing on three separate occasions to indict a woman accused of assaulting an FBI agent.