By ALANNA DURKIN RICHER

WASHINGTON (AP) — Federal prosecutors have failed to obtain a felony indictment against a man who was seen on camera hurling a sandwich at a federal law enforcement official in the nation’s capital, a person familiar with the matter told The Associated Press.

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Sean Charles Dunn was arrested on an assault charge after he threw a sub-style sandwich at a Customs and Border Protection agent. 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.

The case is one of the examples of the legal pushback to President Donald Trump’s law enforcement surge in Washington that has led to more than 1,000 arrests. It is highly unusual for grand jurors to refuse to return an indictment, and it was once said that prosecutors could persuade a grand jury to “indict a ham sandwich.”

Grand jurors decide in secret proceedings whether there is enough evidence for an indictment, and prosecutors could go back to try again in Dunn’s case. The person briefed on the failure to obtain an indictment against Dunn on Tuesday was not authorized to publicly discuss the matter and spoke on condition of anonymity.

A message seeking comment was sent Wednesday to a spokesperson for the top federal prosecutor in the District of Columbia, U.S. Attorney Jeanine Pirro, whose office is prosecuting the case. An attorney for Dunn declined to comment.

The New York Times first reported the development.

Dunn’s arrest came in one of the first days after Trump’s Aug. 11 order for federal agents and troops to flood Washington. Authorities say Dunn approached a group of CBP agents, pointed a finger in an agent’s face and swore at him, calling him a “fascist,” a police affidavit says. An observer’s video captured Dunn throwing a sandwich at the agent’s chest, the affidavit says.

“Why are you here? I don’t want you in my city!” Dunn shouted, according to police.

Dunn tried to run away but was apprehended, police said. He was initially released and then was rearrested by federal agents. A video of agents going to arrest and handcuff him was posted online by an official White House X account.

Defense lawyers and at least one federal judge have raised concerns over the federal government’s handling of arrests on charges that, in many cases, would typically be handled by local authorities instead of federal prosecutors. One magistrate judge this week scolded prosecutors over a case against a man who was jailed for a week before prosecutors decided to drop the case. The judge called it “the most illegal search I have ever seen in my life.”

In another recent case, prosecutors in Washington acknowledged that three grand juries had voted separately against indicting a woman accused of assaulting an FBI agent outside the city’s jail in July, where she was recording video of the transfer of inmates into the custody of Immigration and Customs Enforcement agents. Rebuffed by the grand juries, Pirro’s office is pursuing a misdemeanor assault charge against Sydney Lori Reid instead.

On Tuesday, Scott J. Pichon, 33, was arrested on a charge that he spit on two Army National Guard members from South Carolina who were patrolling near Union Station, the city’s transit hub, on Friday. Pichon faces a felony assault charge that carries a maximum prison sentence of eight years.

Associated Press writer Michael Kunzelman contributed to this report.

By ALEX VEIGA, Associated Press Business Writer

U.S. stocks edged higher in morning trading Wednesday ahead of a highly anticipated earnings update from computer chip giant Nvidia that may provide insights into the current state and future of artificial intelligence.

The S&P 500 was up 0.2%. The benchmark index remains near its record high set earlier this month. The Dow Jones Industrial Average rose 134 points, or 0.3%, as of 11:09 a.m. Eastern time. The Nasdaq composite rose 0.1%.

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Gains in technology and financial companies helped outweigh declines in health care and other sectors.

Investors see Nvidia’s quarterly report, coming after the bell, as a barometer for the strength of the boom in artificial intelligence because the company makes most of the chips that power the technology. Its heavy weighting also gives Nvidia outsized influence as a bellwether for the broader market. Its shares were flat.

Cracker Barrel shares climbed 8.2% after the restaurant company scrapped plans to change its logo following an uproar on social media that even drew a comment from President Donald Trump.

Shares in several companies rose after they reported quarterly results that topped analysts’ forecasts. Department store chain Kohl’s vaulted 19.8% and database platform company MongoDB surged 32.6%. Both companies also raised their full-year guidance.

Abercrombie & Fitch rose 1.7% after the teen clothing retailer reported second-quarter results that exceeded Wall Street’s estimates.

J.M. Smucker slid 3.8% for one of the biggest declines among S&P 500 companies after the jelly and jam maker’s latest quarterly snapshot fell short of analysts’ estimates.

Among other stocks losing ground were doughnut shop chain Krispy Kreme, which fell 6.3%, and Paramount Skydance, down 5.4%.

Treasury yields were mixed in the bond market. The yield on the 10-year Treasury held steady at 4.26%.

Crude oil prices rose. European markets were mostly lower and Asian markets closed mixed overnight.

Trading on Wall Street is off to an uneven start this week following big gains last week on hopes for interest rate cuts from the Fed.

Markets have been subdued after Trump escalated his fight with the central bank by trying to fire Federal Reserve Governor Lisa Cook. Cook’s lawyer said she’ll sue Trump’s administration to try to stop him.

Trump has been feuding with the central bank over its cautious interest rate policy. The Fed has held rates steady since late 2024 over worries that Trump’s unpredictable tariff policies will reignite inflation. Trump has also threatened to fire Fed Chair Jerome Powell, often taunting him with name-calling. Still, he is only one of 12 votes that decides interest rate policy.

For now, the situation isn’t expected to have a major impact on the Fed’s near-term policy.

The two-year Treasury yield, which closely tracks expectations for Federal Reserve action, slipped to 3.64% from 3.68%.

Traders are still betting the Fed will trim its benchmark interest rate at its next meeting in September. Traders see an 90.3% chance that the central bank will cut the rate by a quarter of a percentage point, according to data from CME Group.

The Federal Reserve cut its benchmark interest rate in late 2024 after spending the last several years fighting rising inflation by raising rates. It managed to mostly tame inflation and avoided having those higher rates stall economic growth, thanks largely to strong consumer spending and a resilient job market.

The Fed hit the pause button heading into 2025 over concerns that higher tariffs imposed by Trump could reignite inflation. Lower interest rates make borrowing easier, helping to spur more investment and spending, but that could also potentially fuel inflation. However, concerns are deepening over the jobs market.

Economic data is relatively light this week until Friday, which will bring another update on inflation: the U.S. personal consumption expenditures index. Economists expect it to show that inflation remained at about 2.6% in July, compared with a year ago. Businesses have been warning investors and consumers about higher costs and prices because of tariffs.

Steep tariffs placed by the Trump administration on India over Russian oil purchases took effect Wednesday, bringing the combined tariffs imposed on the U.S. ally to 50%.

New Timberwolves and Lynx controlling owners Marc Lore and Alex Rodriguez made their first major hire Wednesday as they reshape business operations, tabbing Matthew Caldwell to serve as the organization’s CEO.

Caldwell comes from the Florida Panthers, where he spent nine years as the NHL franchise’s CEO and president. The Panthers won the last two Stanley Cups.

Caldwell was given a 10-year contract in Minnesota, a massive, long-term commitment for a major decision maker.

“I’m honored and humbled to join the Timberwolves and Lynx organization at such a pivotal moment in its history,” Caldwell said in a statement. “I am inspired by Marc and Alex’s vision and passion for Minnesota basketball and their commitment to excellence. I look forward to making my mark across the organization, and to building a lasting foundation that gives Minnesota basketball fans what they deserve – the best experience in sports, bar none.”

The search that resulted in Caldwell’s hiring was led by TurnKeyZRG, the same firm that led the search that brought athletic director Mark Coyle to the University of Minnesota in 2016.

In Florida, Caldwell oversaw the Panthers’ operations during a time of booming popularity. After winning the championship in 2024, the Panthers transitioned their non-nationally televised games to free, over-the-air television. That’s the type of move Timberwolves’ fans have been yearning for in recent years, though it remains to be seen if Minnesota will make such a maneuver.

In a statement, Panthers owner Vincent Viola said Caldwell “led by example” in Florida by “serving our employees, clients, fans and the South Florida community with passion and professionalism.”

“His determination drove our franchise turnaround and helped instill a culture of excellence, and now he is ready for his next challenge,” Viola said. “There are very few opportunities I would advise him to pursue, but working with Alex Rodriguez and Marc Lore on a global platform like the NBA is at the top of that list.”

Caldwell officially takes his post Sept. 2.

“Our vision is for the Timberwolves and Lynx to set a new standard of excellence in pro sports and we’re confident that Matthew is the leader needed to make that a reality,” Lore and Rodriguez said in a statement. “Leading our organization into an innovative new era requires an exceptional individual at the helm and Matthew’s proven track record leading the business of the Florida Panthers is undeniable. We can’t wait to see the remarkable impact his bold leadership will have on this organization.”

Rep. Amanda Hemmingsen-Jaeger won the DFL primary Tuesday for an open Senate seat in a Woodbury district over challenger Rep. Ethan Cha and will advance to the November election.

Amanda Hemmingsen-Jaeger (Courtesy of the candidate)

Hemmingsen-Jaeger received 82% of the vote and will go on to face Republican Dwight Dorau in a Nov. 4 special election. The seat was held by former Sen. Nicole Mitchell, DFL-Woodbury, before she resigned after being convicted on felony burglary charges in July.

District 47 includes the city of Woodbury in Washington County and the southern part of the city of Maplewood in Ramsey County. Hemmingsen-Jaeger had won the District 47 DFL endorsement at the Aug. 12 convention.

The special election’s outcome could change the balance of power in the Minnesota Senate, where the DFL has a one-seat majority.

Woodbury has favored DFLers in recent elections, though Republicans are expected to put resources into the race. Democrats have controlled the chamber since the 2022 election.

The circumstances leading to the vacancy — Mitchell’s criminal conviction and unwillingness to resign even as she was stripped of committee assignments and DFL caucus involvement — may prove a strong message for Republicans. Nevertheless, it would be a steep climb for the GOP as the east metro suburbs have become bluer.

Mitchell, a DFLer, won election to the Senate with nearly 59% of the vote in 2022. Hemmingsen-Jaeger won House District 47A, which falls in the Senate district, with more than 60% of the vote in 2024 and 2022.

Senate District 29 election

Meanwhile, Michael Holmstrom Jr. won a GOP primary for the Senate District 29 seat vacated by the July death of Sen. Bruce Anderson, of Buffalo.

Holmstrom received 73% of the vote, while Bradley Kurtz took 22% and Rachel Davis 5%.

Holmstrom will face DFL candidate Louis McNutt in a Nov. 4 special election. Senate District 29 includes most of Wright County, and parts of Meeker and Hennepin counties. It heavily favors Republicans and is not seen by political observers as an especially competitive race.

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