Smollett Saga Gets A Special Prosecutor

Smollett Saga Gets A Special Prosecutor

Smollett Saga Gets A Special Prosecutor

The tale of Jussie Smollett has still not come to a end. His TV show might be over, but his legal issues just gained new life this morning.

State’s Attorney Kim Foxx dismissed the entire case out of hand, taking Smollett’s bond money and saying bye-bye after 16 felony charges were dropped, leaving Smollett to preen in front of cameras after it being pretty obviously indisputable that this entire “attack” was of his own design. Well, now Kim Foxx herself will be on the hot seat.

Cook County Circuit Court Judge Michael Toomin ruled in favor of Sheila O’Brien, a former appellate judge who had called for a special prosecutor to investigate why charges were dropped against the “Empire” actor over his allegedly false report that he was the victim of a racist, homophobic attack.”

“The unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public’s confidence in the integrity of our criminal justice system,” wrote Toomin, who is presiding judge over the Cook County Juvenile Justice Division.”

O’Brien hailed Toomin’s ruling.”

“It’s very thorough and it’s very complete,” O’Brien said. “We’ll get the truth, the whole truth, under oath.”

Smollett was accused of falsely reporting what police say was a staged racist and anti-gay attack on himself in January in Chicago.”

He was indicted by a grand jury of felony counts that he committed disorderly conduct by making a false report, according to a criminal complaint.”

Smollett was arrested in February, but Foxx’s office dropped charges against him in March. The actor has maintained his innocence and insists he was attacked.”

Foxx recused herself from a possible prosecution of Smollett, saying she had contact with the actor’s family when he was believed to be a crime victim.”

Toomin said Foxx was right to take herself out of the case, but then wrong to place another prosecutor from her office in charge of it. She appointed First Assistant State’s Attorney Joseph Magats, to oversee the matter, when she should have sought an outside prosecutor, according to Toomin.”

“Yet for reasons undisclosed even to this day, Foxx instead chose to detour from the mandated course, instead appointing Mr. Magats as `the acting State’s Attorney for this mater,’ ” Toomin wrote.”

Toomin excoriated Foxx for creating “an entity that did not exist.”

“There was and is no legally cognizable office of Acting State’s Attorney known in our statutes or to common law,” Toomin ruled. “Its existence was only in the eye or imagination of its creator, Kim Foxx.”

This is a massive rebuke to Foxx, who does not want a special prosecutor scrutinizing her decisions. How very Chicago of her.


And the special prosecutor could bring those charges against Jussie Smollett back to life.



Jussie Smollett might not get his Hollywood happy-ever-after ending after all. The people of Chicago and Illinois might get some justice instead. Wouldn’t that be a welcome change.

Featured image: booking photo of Jussie Smollett (Chicago Police Department)

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3 Comments
  • GWB says:

    Even though they dropped the charges in such a way as to try and preclude a second “jeopardy”, if Foxx broke the law in doing so, it won’t hold. And we’re back to square one with Jussie.
    I wonder if this special prosecution will drag out to the election? That could be another Democrat in-kind contribution to Trump’s campaign…….

  • Anchovy says:

    If things don’t work out for the lovely Ms. Foxx, she can join the legal staff at Oberlin.

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