Assistant U.S. Attorney Jeanine Pirro was forced to admit defeat on Thursday after she failed to secure the felony assault charges she sought for a man accused of throwing a sandwich at a federal officer.

Authorities have said Sean Dunn admitted to throwing the sandwich, but a Washington, D.C. grand jury refused to agree to the felony charge, which would carry a maximum penalty of up to three years of prison and fines up to $12,500.

Dunn, a resident of Washington, D.C., was furious with the federal takeover of the city, in which President Donald Trump deployed National Guard soldiers from seven states and several federal agencies to stop crime in the district.

Pirro filed a misdemeanor charge against the sandwich-hurler for "assaulting, resisting or impeading certain officers or employees of the U.S. government."

Read the filing here.