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The U.S. Attorney General’s office is having a bad week. Two fairly high profile cases haven’t made it to the courts.<\/p>\n
The first concerns an FBI agent who claims his hand was injured by a woman resisting arrest.<\/p>\n
\n\n\nThe rejection came in the case of Sidney Reid, who prosecutors in Washington alleged last month had \u201cforcefully pushed\u201d an FBI agent\u2019s hand against a cement wall and \u201ccaused lacerations\u201d on the agent\u2019s hand during an immigration enforcement protest.<\/p>\n
\nLast week, a federal magistrate judge held a preliminary hearing and found probable cause that Reid violated the assault law, 18 U.S.C. Section 111(a)(1). The judge gave the government until Monday afternoon to secure an indictment.<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/blockquote>\n\n\nGet it in front of a grand jury, right? We know the famous cliche – that most any prosecutor can get a grand jury to indict a ham sandwich. The prosecutor is the only one submitting any evidence, there is no defense lawyer present – it’s about as one-sided a process as it’s possible to have.<\/p>\n
Monday afternoon came and the government filed not an indictment but a notice to the court. It said not only that \u201can Indictment has not been returned in this case\u201d but, incredibly, that \u201ca third grand jury returned a no true bill.\u201d A true bill is when the grand jury votes to indict.<\/p>\n
Indeed, it\u2019s unusual for a grand jury not to indict any<\/em> case, though it happens. Twice is rarer still. Three times is a sign that things are fully off the rails.\u00a0\u00a0MSNBC<\/a><\/p><\/blockquote>\n
It’s worth noting that the charge is for a felony, and the AG’s office may be able to get a misdemeanor conviction, for which the grand jury is unnecessary. But three grand juries all saying the charges brought shouldn’t go to trial?\u00a0 Not a real great omen for a prosecutor’s success. But lest you think that is as bad as it gets:<\/p>\n
Sean Charles Dunn famously was charged with throwing a sub sandwich at a Customs and Border Patrol agent and hitting said agent in the chest with it. The agent was uninjured (probably his chest plates were 12″ sandwich rated and a measly 6″ didn’t even leave a bruise.)<\/p>\n
A video of the incident went viral, and shortly after he was fired from the Justice Department, where he worked as an international affairs specialist in the department’s criminal division.<\/p><\/blockquote>\n
Dunn was also charged under the same code as cited above, and his Felony Sub Throw also went to a grand jury.<\/p>\n