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Breaking: Special Prosecutor Approved In Smollett Case, Can Reinstate Charges

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A Cook County, Illinois, judge ruled Friday that a special prosecutor should be appointed to investigate how Cook County State’s Attorney Kimberly Foxx’s office handled actor Jussie Smollett’s hate crime case and indicated the former “Empire” star might yet face criminal charges.

In his ruling, Judge Michael Toomin wrote, “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.”

CBS News Chicago affiliate WBBM-TV reported the prosecutor could choose to bring new charges against Smollett, if “reasonable grounds” are found to do so in “the interest of justice.”

Toomin also ruled that Foxx had no authority to appoint her top deputy, First Assistant State’s Attorney Joseph Magats, to oversee the case after announcing she would be recusing herself from the matter due to her contacts with Smollett’s family.

“What causes concerns is that she appointed him to an entity that had and has no legal existence. There is no office of acting state’s attorney,” the judge said.

“Here, the ship of the State ventured from its protected harbor without the guiding hand of its captain. There was no master on the bridge to guide the ship as it floundered through unchartered waters,” Toomin wrote. “And it ultimately lost its bearings.”

At a news conference March 26, Chicago Police Superintendent Eddie Johnson stood by his investigators’ findings that Smollett committed a “hoax” when he filed a police report Jan. 29 claiming he was the victim of a hate crime.

The actor, who has been an outspoken critic of President Donald Trump, alleged he was attacked by two men who put a noose around his neck. He claimed at least one of the two was white and yelled, “This is MAGA country,” a reference to Trump’s “Make America Great Again” campaign slogan.

The Cook County State’s Attorney’s Office had announced earlier that day that it was dropping all 16 felony counts against Smollett relating to filing a false police report and said the record of the case would be sealed. Smollett faced the possibility of serving years in jail.

Magats told reporters that the 36-year-old actor would only have to do community service and had agreed to forfeit his $10,000 bail to the city. The assistant state’s attorney characterized the agreement as a fair and just outcome in the case.

Johnson disagreed, telling reporters later in the day that he did not think justice was served and that Smollett owed the city an apology.

Then-Chicago Mayor Rahm Emanuel laid into the actor at the same news conference for claiming to be innocent.

“This is a whitewash of justice,” Emanuel said. “A grand jury could not have been clearer.”

“Mr. Smollett is still saying that he is innocent,” the Democrat added. “Still running down the Chicago Police Department. How dare him? How dare him?”

Emanuel said the $10,000 did not even come close to paying the cost to the city of investigating Smollett’s alleged hate crime attack, which ultimately resulted in a multicount indictment against the actor.

On Friday, retired appellate court Judge Sheila O’Brien, who had requested a special prosecutor in the case, described Toomin’s ruling as “a good day for justice.”

Foxx issued a statement Friday afternoon, saying, “I am pleased that the court agreed there was no conflict of interest here. Regarding recusal, I followed the advice and counsel of my then Chief Ethics Officer. In any event, I respectfully disagree with the court’s conclusion that, in the absence of any conflict, the appointment of a special prosecutor is required.”

Anthony Guglielmi, chief communications officer for the Chicago Police Department, tweeted in response to Toomin’s decision: “We stand firmly behind the work of detectives in investigating the fabricated incident reported by Jussie Smollett & #ChicagoPolice will fully cooperate with the court appointed special prosecutor.”

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27 Comments
  • Babs says:

    They should press charges on Fox also what she did was illegal

  • teflon says:

    charge his ass

  • MO says:

    I hope and pray justice will prevail here, hollywood needs to be put back in its place.

  • William Dwyer says:

    Fortunately, a judge who understands the meaning of the word “Justice” has stepped up. What Smollet did to further fan the flames of racial discord cannot be overstated. Smollet must be held accountable for his actions. In view of his continued denials, he should receive the harshest penalties allowed.

    • neo says:

      What Smellit did I believe was orchestrated by Cory Booger and Camel toe Harris ….about the time the “letter” was sent to Smellit by Smellit, they co authored the “anti lynching bill” in congress (D.C. did not have an anti lynching law and was not covered by any state anti lynching laws)SO politicians could of been lynched in the 10 square miles that is D.C. for treason without breaking ANY laws….the letter did not get the “rise ” he/Booger/Harris expected …then Smellit pulled his little stunt to bring attention to the Lynching….the NEXT day both Booger/Harris tweeted that congress should take their bill seriously and on February 14th (about a month after the bill was introduced into congress)passed their law….now you have the reason for it all….there are pictures of Smellit with Obozo,Moochelle,Harris, and others in the democrat party….mmm

      • LaB says:

        Interesting information. Clearly there does seem to be a lot more going on with Booker, Harris and Smollett that is far beyond statistical likelihood of any coincidence. Two low-life politicians who never hesitate to go as low as necessary to scheme to achieve their objectives (this was horrendously evident during the Kavenaugh hearings). Scum. They should be held in contempt for being parties tot his conspiracy. Neither is fit, even in the most remote or abstract sense, to be public representatives. They are among the worst of what represents the deep state swamp. Smollett needs to do some hard time.

  • CharlieSeattle says:

    Sigh, more weak pre-election investigations and no arrests.

  • ANI4ANI says:

    Stop the foot dragging, LOCK HIM UP! While U R @ it lock Foxx & any1 who conspired with her. That includes M.O. & her sycophants.

    • SoCal Lady says:

      Ovomit ‘s were involved that is why this POS walked and Foxy should be DisBArred for taking a Bribe from Soros

  • YouKnowItsTrue says:

    I believe Kamala Harris and Corey Booker are crapping their pants. I have a feeling this is going to open up a HUGE can of worms when this guy starts singing to save his own neck.But, sadly, I wouldn’t be surprised if he gets “suicided”.

  • Thomas Knaack says:

    Hope this thug pervert goes to jail….and he enjoys all the new “friends” he will make there.

  • Darrel says:

    Jussie’s hate crime must be prosecuted at the federal level

  • Ronald D Murphy says:

    Fox should loose her job. She’s a disgrace to law enforcement Smollet should get whats coming, jail time

  • Dragonfly43 says:

    ROTFLMAO! He brought this all on himseyand needs to pay the piper!

  • Melissa Martin says:

    We have a two tiered justice system. If it were me that did what Juicy did, I would be in prison for at least 5-10 years! He should go to jail along with Foxx. I am sick of the left lying and getting away with it. JUSTICE NEEDS TO BE SERVED!!!

  • Eleanor says:

    Finally, Judge Michael Toomin seems to understand that the American people need to see justice meted out as it should be to this man using his “celebrity” status to further cause discord between the races. For this he must be held accountable and he should also be held accountable for the extra hours the CPD put in, when they could have been home with their families. He owes them a huge apology!! Will they get it?? Don’t hold your breath on that one folks! He’s STILL denying he perpetrated a hoax!!

  • Sharon Ann Barton says:

    They better arrest his ass and throw him in jail as this is what they would do if the roles were reversed. It has already been determined that this was a hate crime designed to cause trouble and it did, so he needs to pay by going to jail.

  • neo says:

    Now is the time for them to hire the most Trump hating liberal investigator to go through the motions of seeking the truth all the while ignoring the facts and charging the taxpayer’s of Chicago/Illinois outrageous sums for their services….much like the Muleface investigation but on a somewhat lesser scale….HAVE to make the morons pay for their “dog and pony show”.

  • FEDUP365 says:

    The demoncraps are starting to lose traction and all the shit they have pulled is coming down on their asses now. By the election time of 2020 most of the deep state scum will be under Indictment or already serving severe time for their crap. Some demoncraps are going to get the Firing Squad so mullett better be glad he’s only going to get 40 years for his 15 felonies.

  • RWF
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