Jussie Could Still Be Prosecuted? Yikes

There's news today in the Jussie Smollett case, although it's probably getting more attention locally in Chicagoland than nationally. I'm not surprised that the judge approved a special prosecutor but look at the second tweet. "If reasonable grounds exist," Jussie could still be prosecuted. That's unexpected. 

BREAKING: Special prosecutor approved in Jussie Smollett case. @cbschicago pic.twitter.com/pD7oPMo1sN

— Charlie De Mar (@CharlieDeMar) June 21, 2019

Judge Toomin on approval of special prosecutor.

“If reasonable grounds exist to further prosecute Smollett, in the interest of justice the Special Prosecutor may take such action as may be appropriate to effectuate that result.”@cbschicago pic.twitter.com/RTpVVf72vt

— Charlie De Mar (@CharlieDeMar) June 21, 2019

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. pic.twitter.com/bCDF0NYfzP

— Anthony Guglielmi (@AJGuglielmi) June 21, 2019

Here's how the Chicago Sun-Times is covering the story: 

A Cook County judge on Friday ruled that a special prosecutor should further investigate the Jussie Smollett case and how Cook County State’s Attorney Kim Foxx and her office handled the decision to drop charges against the “Empire” actor.

In a stinging critique of Foxx’s office, Judge Michael Toomin wrote in his 21-page order that “the unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public’s confidence in the criminal justice system.”

Toomin’s order gives the special prosecutor a wide-ranging mandate, including further prosecution of Smollett, if warranted, as well as any other crimes that were “committed in the course of the Smollett matter.”

Toomin ruled that Foxx should have requested a special prosecutor when she decided to recuse herself from Smollett’s case in February, shortly before the actor was charged with making a false report to police.

Toomin said Foxx had no power to recuse herself and then assign decision making in the case to her top deputy, Joseph Magats.

“There was no duly elected state’s attorney when Jussie Smollett was arrested. Ms. Foxx had already effected her recusal,” Toomin said, nor was there any legally appointed prosecutor when Smollett was charged, or the charges dismissed.

Toomin expressed concerned about Foxx’s decision to delegate case to Magats.

“There isn’t an office of ‘acting state’s attorney.’ It existed only . . . in the imagination of Ms. Foxx,” Toomin said. (Read the entire article here.) 

And one more thing: Someone on Twitter pointed out that today is Jussie's birthday. He's turning 37, meaning he was born on the same day as Prince William. Just a little celebrity trivia.