WASHINGTON — A D.C. man accused of assaulting and threatening National Guardsmen is out of jail after a magistrate judge denied the federal prosecutor’s request for him to be detained ─ calling it " one of the weakest requests for detention I’ve seen ."

Earlier this month, federal charges were dropped against a man accused of assaulting a U.S. Customs and Border Protection agent with a sandwich.

Dropped charges and losses at detention hearings are problems federal prosecutors have been running into recently since the federal surge started.

WUSA9 spoke to a constitutional law expert that says judges siding with defendants during detention hearings isn’t unusual, but grand juries refusing to indict individuals arrested during the federal surge in the district is.

This is what happened

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