A Washington, D.C., grand jury reportedly rejected the Justice Department's case for felony assault charges against the former DOJ staffer who smacked a Border Patrol agent in the city with a subway sandwich.

Prosecutors could retry, lower the charges to a misdemeanor — which requires no indictment — or drop the case, The New York Times reported.

Despite legal mantras to the contrary, you apparently cannot indict a Subway sandwich in deep-blue Washington, D.C.

Law schools, and Newsmax legal expert Alan Dershowitz, often repeat the mantra "you can indict a ham sandwich," but the D.C. grand jury rejected making a federal case out of it with a former DOJ staffer.

Sean C. Dunn, 37, a former Justice Department paralegal, was charged earlier this month with hurling a submarine sandwich at an agent patrolling near 14th and U Streets. Prosecutors claimed Dunn shouted "I don't want you in my city!" and called the officers "fascists" before the incident.

Dershowitz has long made claims that grand jury indictments are easy to obtain, while also arguing extreme left bias in Democrat-controlled locals like D.C. makes it impossible for President Donald Trump to get fair decisions.

This "Subway setback" comes amid a string of left-led obstruction of the U.S. attorney's office in D.C., which had been pursuing cases tied to Trump's decision to send National Guard troops and federal agents onto city streets.

In recent days, prosecutors have been forced to downgrade charges in a separate assault on an FBI agent and drop a gun-possession case after a magistrate found constitutional violations.

Legal analysts noted it is "extremely unusual" for prosecutors to fail at the indictment stage, since defendants cannot argue their side in front of grand jurors and prosecutors control the presentation of evidence. Dunn is due in federal court next week for a preliminary hearing to determine probable cause.