Showing posts with label Jussie. Show all posts
Showing posts with label Jussie. Show all posts

Thursday, December 23, 2021

"... darkly comic flim-flammery and low-bore corruption": Let's Talk About The Jussie Smollett Case

Is there something strange about years that end in the number *1* that causes my blogger juices to go awry? In 2011, I posted exactly one post, on December 31, and I did only slightly better this year, with 9 posts in January.  I've missed my blog, however and there will more posts to come. 

To start with, here's an editorial from the Chicago Tribune, in which the Editorial Board ponders the meaning of the Jussie Smollett case: 

Titled "The Tawdry Case of Jussie Smollett Had Comic Relief, But Was Not a Victimless Affair," the editorial was published on December 12, three days after Smollett was found guilty of five felonies. This is the editorial in its entirety: 

The recent trials we've been following have contained enough human pain to make us shudder: The Kyle Rittenhouse case involved two dead Americans; the matter in Georgia was about who caused the death of the 25-year-old Ahmaud Arbery; the yet-unresolved Ghislaine Maxwell affair has a backdrop of the cynical abuse of scores, if not hundreds, of impressionable young girls and women over many years.

By those standards, the case of Jussie Smollett has been comic relief.

Smollett, a B-list TV actor, was not accused of either killing or hurting anyone. His trumped-up saga of a deliberately staged, "racially motivated" attack usable for the purposes of personal promotion fits squarely into the Cook County tradition of darkly comic flim-flammery and low-bore corruption.

It matches up well with some of the cases famously recounted on the pages of this newspaper a hundred years ago by the crime reporter Maurine Dallas Watkins, whose trial-room notebook would form the basis for the musical "Chicago." Watkins would have loved writing about Smollett.

Once it became clear something fishy was in play, a conclusion reached Thursday evening by a jury of Smollett's peers, this was a trial that was fun for everyone to discuss.

How was the scheme concocted? Were the two bodybuilding brothers, apparently Smollett's accomplices, the Rosencrantz and Guildenstern to Smollett's Hamlet? Or were they closer to reincarnations of the classic "Saturday Night Live!" duo of Hans und Franz, here to pump anybody up? This case had a tabloid-friendly unspooling, with new twists and turns arriving almost every day.

But despite all the gossipy Tweets and chatter and opinions, there were real victims here. That would be everyone in the future who actually becomes the victim of a violent hate crime, being as Smollett's phony version only seeds needless doubt for the real incidents that surely will follow.

His idea of exploiting such an attack for publicity certainly worked with politicians on Twitter, especially since Smollett had plenty of connections and the immediate backing of a huge PR firm, thanks to his network, Fox Entertainment.

"This was an attempted modern day lynching," tweeted Kamala Harris at the time, praising Smollett's kindness. "This attack was not 'possibly' homophobic," wrote Alexandria Ocasio-Cortez, going after anyone holding back judgment, "it was a racist and homophobic attack." "What happened today to Jussie Smollett must never be tolerated in this country," wrote Joe Biden.

Biden was right about that. Just not for the reasons he thought.

Even as these rushed statements appeared on social media, Chicago police had to get down to the nitty gritty of what exactly happened. By all courtroom accounts, the cops took this crime seriously, expending huge amounts of resources on trying to find who had attacked Smollett. Even Smollett said he had been treated with dignity and respect during the initial stages of the investigation. Chicago police get a lot of criticism, including plenty leveled by this page. In this matter, they behaved admirably.

With the aid of cameras and other clues, police quickly figured out all was not as it seemed, and the evidence for this all being faked was passed to Cook County State's Attorney Kim Foxx. That's where things went off the rails, but not necessarily for the reasons most of the media is saying.

It's tempting to see the Smollett case, whose cause was backed by the attorney and influence peddler Tina Tchen, as another egregious example of Foxx's go-soft approach and reluctance to prosecute criminals, especially since Smollett had made Chicago look like a haven for violent racists and homophobes.

But cooler, nonpartisan heads can understand that with all Chicago has to worry about in the sphere of crime, a first-time offense likely to result in probation probably was not worth allowing to suck up resources that could be spent on finding the actual killers on our streets. Foxx's office was right to offer Smollett a quick deal, and correct to see that there were more important criminals for them to worry about.

But Foxx made one crucial mistake. She didn't require Smollett to admit his guilt and apologize as part of his deal. He should have offered to do that: Had he done so, he would have avoided four felony convictions on his record and, over time, he likely could have resumed his career. But he did not do anything of the kind.

And that's where Chicagoans both pragmatic and invested in fairness grew incensed, how a special prosecutor became involved and, frankly, how we ended where we ended up on Thursday evening when the jury delivered its verdict.

We know that people who are not on a TV show and friendly with politicians like Harris don't get both a sweetheart deal from the prosecutor and the chance to walk around town protesting their innocence. At that point, the Smollett case became about special favors in a city with an egregious history of them. And thanks to the jury, he ended up the loser, pending any appeals.

Smollett wasted a lot of time of some very busy people who have far more important issues to worry about than him. He embarrassed the politicians who supported him and he didn't respect his own fans. Sure, he probably didn't think it would ever come to all this, but he still didn't have the guts to turn off the machine when only he could. Shame on him.

Still, we haven't changed our mind about the limited severity of this crime, the hoopla notwithstanding, and we've no wish to see Smollett languish behind bars. We'd rather he admitted responsibility, got some help and performed meaningful public service.

Ideally right here in Chicago, a city whose reputation he slandered.

Tribune reporter William Lee, in a column written after the verdict, says the Smollett story reeked from the very beginning:

The Jussie Smollett story reeked from the moment this crime reporter laid eyes on it. To paraphrase “The Daily Show” host Trevor Noah, there was a certain part of Smollett’s story that was always a little weird. Maybe you felt the same way. I know a lot of street reporters did in those early days. In all my years on the job, I’d never seen a threat letter written from newspaper clippings like some 1980s TV crime drama.

I won’t go into a full recap as most of us have already heard the details a million times, but the basic contradictions of Smollett’s infamous 2 a.m. Subway sandwich run have been masterfully laid out by Noah and Dave Chappelle. But you don’t have to be a comedian to see the absurdity of two well-prepared white racists successfully carrying out an attack during a chance encounter with their target on an empty downtown street in the middle of the night during the coldest week of 2019.

The former “Empire” actor’s nearly three-year journey from beloved victim to pariah took a step toward its conclusion Thursday when a Cook County jury found the actor guilty of five of six counts related to making a false report to police. Listening to the verdict, I was instantly transported back to that cold, prepandemic January morning when I awakened to a television news report of the attack. In hindsight, I’m proud of the fact that while other publications’ headlines blared that Smollett had been the victim of a hate crime, the Tribune’s first story on the incident, by reporter Tracy Swartz and me, was more subdued: “Cops look into report of assault on actor.”

As a longtime crime reporter, I’m loath to speak on active crime stories, but holes began appearing in the Smollett story within the first two hours of working on it. It seemed very clear from the jump that Smollett’s camp gave his version to friendly outlets to get his narrative out, despite assertions that he didn’t want any public attention. The first report was posted to ThatGrapeJuice.net, a celebrity website that somehow had exclusive details of the alleged Chicago attack — the attackers’ ski masks and the noose placed around Smollett’s neck. TMZ followed with new details that the attackers were two white men, along with the racist and homophobic slurs and the now-famous “This is MAGA country” comment. The story also claimed that Smollett suffered a fractured rib, which police later refuted.

I read each story three times during my ride to the newsroom that day and by the time I stepped off the bus, I knew the whole thing sounded off and warned two of my editors about the coming avalanche and that we needed to be careful writing about it. Smollett wasn’t only a handsome young rising star with a hit TV show filmed in Chicago, he was an activist who used his celebrity to champion gay and Black causes. It didn’t take long for A-list celebrities and politicians to share messages of support for Smollett.

The story got kicked into high gear when then-President Donald Trump publicly acknowledged the attack, prompting me to shout the F-word before I could stop myself. A shout-out from a sitting president meant that Smollett’s saga — with its numerous early red flags and strange turns — would remain in the spotlight until its bitter end. The incident thrust Chicago back into the national spotlight for all the worst reasons. We’d gone from a city that launched one American president to being a city constantly attacked by his successor to score cheap brownie points with red state followers.

There were other local ramifications. The case exposed a growing rift between Chicago police and State’s Attorney Kim Foxx, who earned their eternal enmity for dropping charges against Smollett that March, despite what authorities considered a solid criminal case.

I’ll always recall how Mayor Rahm Emanuel, Supt. Eddie Johnson and Cmdr. Ed Wodnicki were barely able to contain their rage to reporters after news broke over the dropped charges. Police had been suspicious of Smollett’s story early on, critical of the fact that he continued wearing the noose — a feared universal symbol of racial hatred — so that responding officers would see it. And of course there was Smollett’s initial hesitancy to turn over phone evidence that theoretically could have led to his attacker.

Within days, investigators learned the identity of brothers Abimbola and Olabinjo Osundairo, who caught a ride-hailing service near the scene. Until the brothers returned from Nigeria in February, sources said, police had one directive: Treat Smollett as a victim until the facts suggest otherwise. For weeks, police kept up the charade as they continued their investigation. The rest is history. Despite the comedy of errors in this tale, it was never a happy one to cover. Even with the prospect of it being a hoax, I was sympathetic to the actor, unsure whether the incident was a display of avarice and ego, or a cry for help by someone suffering a breakdown.

Despite the hot-button nature of the incident, this was a low-stakes Class 4 felony case, and the fact that no one had actually been injured, aside from a bruise under Smollett’s right eye, this story seemed destined to be forgotten. But Smollett broke a cardinal rule: He went into a city that wasn’t his own and loudly proclaimed “Your town wronged me.” Cops in any city would have been put under tremendous pressure to solve the case of an assaulted star. And despite the effort and attention, he wouldn’t admit his falsehood, with the evidence against him mounting. In the end, Smollett was responsible for derailing his own career, reducing his own reputation to ashes and playing for a fool all of those who came to his aid. And now he has been found guilty of what many of us suspected all along.

He should be offered forgiveness and be able to move on with his life and career, after his contrition. Here in Chicago, we have our own problems. None of them are helped by a celebrity coming to town and crying wolf.

Click here to read previous posts about Jussie Smollett. 

Tuesday, February 11, 2020

Another Bad Day For Jussie Smollett - Updated

Wow. Jussie Smollett has been indicted (again) by the special prosecutor looking into how his case was handled by the State's Attorney's office.

Here's how Page Six is covering it:

Jussie Smollett was indicted on Tuesday in Chicago, according to a new report.

The indictment, brought by special prosecutor Dan Webb, stems from the alleged January 2019 hoax attack against the former “Empire” star, Fox32 reported, citing sources.

Smollett has been accused of hiring two brothers to stage an attack on himself that included tales of a noose and bigots screaming racist, homophobic slurs.

Cops in Chicago, where Smollett lives and alleged the attack occurred, have said the actor made up the whole thing. He’s denied the allegations.

He is due in court Feb. 24, Fox32 said.


In an article just posted, the Sun-Times hedges a bit:

Attorneys for Jussie Smollett have been told that they should expect their client to be indicted Tuesday, a source familiar with the matter said.

Investigators in the case have gone to California to interview people connected to Smollett, the source said.

The indictment comes just under a year after Smollet was charged in 2019 for allegedly staging a hoax hate crime attack near his Streeterville home.

Special Prosecutor Dan Webb, a former U.S. Attorney in Chicago, was appointed by Judge Michael Toomin six months ago and charged with reviewing both the evidence against Smollett for with the possibility of filing new charges, and investigating how the case was handled by Cook County State’s Attorney Kim Foxx and her subordinates.

Toomin declined to answer any questions earlier Tuesday about a possible indictment.

Smollett in February 2019 was charged with multiple, low-level felony counts for allegedly providing false information about the attack, claiming that he was jumped by two white men who called out racist, homophobic slurs as they punched the actor and draped a noose over his head.

Detectives determined that Smollett had paid two acquaintances, who had previously served as extras on “Empire” and as Smollett’s personal trainers, to attack him.

Foxx had recused herself from the case the day before those charges were announced, delegating decision-making in the case to her top deputy, Joseph Magats. Just over a month after Smollett turned himself in to police, the State’s Attorney’s Office dropped all charges against Smollett.


The Chicago Tribune has more details:

Smollett was indicted by a special Cook County grand jury on six counts of disorderly conduct for allegedly making four separate false reports regarding what police said was a faked attack. Special Prosecutor Dan Webb announced the charges in a press release Tuesday, saying that “further prosecution of Jussie Smollett is ‘in the interest of justice’."

... In announcing his decision to charge Smollett, Webb pointed to several factors including “the extensive nature of Mr. Smollett’s false police reports, and the resources expended by the Chicago Police Department to investigate these false reports.”

Further, Webb said that the Cook County State’s Attorney’s office was unable to provide examples of how other cases were disposed of in a similar fashion.
(Read more here.)

Wednesday morning update. Last night, the Chicago Tribune Editorial Board published a blistering editorial:

Tuesday brought fresh criticism for Kim Foxx, state’s attorney of Cook County.

Tuesday also brought fresh challenges for Kim Foxx, candidate for renomination in the Illinois primary.

With legal action and comments that undercut Foxx in both roles, special prosecutor Dan Webb complicated life for the prosecutor and the candidate.

Kim Foxx’s reaction? In a peculiar statement she cast herself as the victim of an unfair attack of the sort former FBI Director James Comey might wage in the era of President Donald Trump.

This shows why the Smollett case matters

Taken together, Tuesday’s developments underscored why the case of actor Jussie Smollett matters less because of him than because of what all of us are learning about Foxx’s judgment: She mishandled a case and now has citizens asking about equality under the law: whether some defendants in Cook County’s criminal justice system have to bear the brunt of the law while others get sweet deals from her prosecutors.

Webb’s announcement of a six-count criminal indictment of Smollett says to the people of Cook County that it takes a special prosecutor to pursue a case that their elected prosecutor inexplicably dropped.

And with early voters preparing to decide Foxx’s fate, a statement from Webb, a former U.S. attorney here, opens the candidate to fresh accusations of incompetence if not deceit: Foxx has maintained that her office treated Smollett the way it treats other defendants every day. She has made much of that claim.

Yet Webb says her state’s attorney’s office couldn’t point to those comparable cases.

Webb’s conclusion contradicts Foxx’s statement to WBEZ on March 27, 2019, that “every single day ... there are people who get similar arrangements, people who get diversion, people who get sentences that are probably not what some people would want. Every single day.”

Webb is saying Foxx’s office had no precedent or consistent policy to justify letting Smollett off the hook — but did it anyway.

Dan Webb’s harsh verdict on Foxx


In a prepared statement, Webb came down hard on Foxx — politely, he didn’t name her while critiquing her — and lambasted her office for botching the Smollett case and misleading the public.

Webb said he disagrees with the way the state’s attorney’s office handled the Smollet prosecution, but actually he went quite a bit further. Webb’s team investigated Foxx’s claim that her office treated Smollett as it does other defendants. But in the end, his statement suggests that her office gave Smollett special treatment. Webb wrote that Foxx’s office “was unable to provide this documentary evidence.”

Webb also pointed out that Foxx’s office, at the time of the original indictment in March 2019, believed it had strong evidence against Smollett — yet three weeks later decided to dismiss the charges, with 15 hours of community service as Smollett’s punishment.

Between the lines of Webb’s statement is a special prosecutor shaking his head in disbelief at Foxx’s management of the case. And perhaps he’s not done. In his statement he said he hasn’t yet determined whether anyone involved in the case engaged in wrongdoing, including the state’s attorney’s office or individuals in that office.

Those hate crime allegations


Webb’s six counts of disorderly conduct essentially reassert last year’s allegations against Smollett: that in January 2019 he faked being the victim of a hate crime and assault.

According to Tuesday’s fresh indictment, Smollett invented the story of being attacked at 2 a.m. in Streeterville by two men who used racial and homophobic slurs, punched Smollett in the face, put a noose around his neck and poured a bleachlike substance on him.

Smollett made this report to police knowing “there was no reasonable ground for believing that such an offense had been committed,” the indictment states.

Foxx evokes Comey and Trump

Foxx’s statement in response to the new indictment questioned its timing, implying that Webb is playing a dirty political trick on her: “The Cook County State’s Attorney’s office charged Jussie Smollett with multiple counts, and today the Special Prosecutor did the same. What’s questionable here is the James Comey-like timing of that charging decision, just 35 days before an election, which can only be interpreted as the further politicization of the justice system, something voters in the era of Donald Trump should consider offensive,” Foxx’s office said.

That’s a misdirection play from Foxx, who’s reading the indictment through her own political prism: The allusions to Comey and Trump have an air of desperation.

Webb, by contrast, is focusing on Smollett’s actions, Foxx’s prosecutorial judgment and her office’s dubious conduct.

Foxx said almost a year ago that she welcomed an independent review of her office’s handling of the Smollett case, remember?

Now the results are coming in, and they don’t look good for prosecutor Foxx. Voters will render their own verdict on candidate Foxx.
(This is the editorial in its entirety.) 

Click here to read the press release from special prosecutor Dan Webb. 

Update #2: This is the statement from Jussie's attorney, issued last night. Note that nowhere does she say "Jussie is innocent and we have the evidence to prove it."

This indictment raises serious questions about the integrity of the investigation that led to the renewed charges against Mr. Smollett, not the least of which is the use of the same CPD detectives who were part of the original investigation into the attack on Mr. Smollett to conduct the current investigation, despite Mr. Smollett's pending civil claims against the City of Chicago and CPD officers for malicious prosecution. And one of the two witnesses who testified before the grand jury is the very same detective Mr. Smollett is currently suing for his role in the initial prosecution of him.

After more than five months of investigation, the Office of the Special Prosecutor has not found any evidence of wrongdoing whatsoever related to the dismissal of the charges against Mr. Smollett. Rather, the charges were appropriately dismissed the first time because they were not supported by the evidence. The attempt to re-prosecute Mr. Smollett one year later on the eve of the Cook County State's Attorney election is clearly all about politics not justice.
(From the Hollywood Reporter, read more here.) 

This is interesting: 



Update #3 on Friday, February 14: Jussie Smollett has had many bad days in the one year and change since he sent his hate crime hoax out into the world. Is he having a bad day today? No way to know. He may or may not remember, and it doesn't rise to the level of a "This Day In History" post, but it was one year ago today, on Valentine's Day, 2019, that his infamous interview with Robin Roberts aired on Good Morning, America. I read at the time that Jussie had really, really wanted to do that interview, which makes sense, given that publicity and fame were the whole point of the hoax. Unfortunately for Jussie, bad luck, bad planning and just plain bad karma combined to make the interview a very big mistake. (Watching it now, it's both pathetic and hilarious.)

The interview was taped Tuesday night, February 12, at the Chicago studio where Empire is filmed. What no-one, including Jussie, knew at the time was that the police had already identified the two "persons of interest" shown in this picture, taken from a surveillance camera:



The police knew their names, that they were brothers and that they were black, not white. They knew they had worked on Empire, making them professional colleagues of Jussie Smollett. They knew Jussie had spoken to them by phone within an hour before the incident, as well as while they were conveniently out of the country in Nigeria. And the police knew they were returning from Nigeria the very next day. Between the time the interview was taped Tuesday night and when it aired Thursday morning, the police met the brothers upon their arrival at O'Hare and took them into custody on Wednesday, February 13. During the GMA interview, Jussie told Robin Roberts that he had no doubts that the two men in the picture were his attackers, a statement I'm guessing he came to regret. (During his press conference a few days later, the police Superintendent threw some shade at Jussie by "thanking" him for confirming the identification of his two black, not white, colleagues.)

Is there anything else Jussie regrets? Publicly he continues to profess his innocence. Deep in his heart, where he knows what really happened, does he feel any regret? The whole wretched mess is an example of unintended consequences, having spiraled wildly out of control and now, a year later, putting Jussie back in the news and back in legal jeopardy. It's clear that no-one, not the lawyers in the State's Attorney's office, not Jussie's lawyers and not Jussie himself, anticipated how negative the reaction to the charges being dropped would be.

And what about his lawyers? If we stipulate that they're not stupid, they can't possibly believe he's innocent. The police investigators have a virtual tsunami of evidence that does not, as the police Superintendent said, support Jussie's version of events. (Do his lawyers have any evidence that does support Jussie's version? Presumably if they did, they would have made it public before now.) Speaking as the non-lawyer I am, I'm guessing they're not thrilled at the notion of going into court and trying to defend Jussie's actions. (The billable hours? That's another story. A celebrity with legal troubles is manna from heaven to a defense lawyer.)

So what do the lawyers do now? Are they trying to convince Jussie to plead guilty and accept some kind of a deal, or are they really going to go to court? Let's watch and see.

Click here to watch Jussie's interview with Robin Roberts.

Sunday, August 25, 2019

This Day In History, 1994: My So-Called Life





The cast of 'My So-Called Life' - Jared Leto (Jordan Catalano), A.J. Langer (Rayanne Graff), Wilson Cruz (Rickie Vasquez), Lisa Wilhoit (Danielle Chase), Devon Odessa (Sharon Cherski), Claire Danes (Angela Chase), Devon Gummersall (Brian Krakow),  (Photo by Mark Seliger/Walt Disney Television via Getty Images)
photo credit: Mark Seliger/Walt Disney Television via Getty Images

It's been 25 years since My So-Called Life debuted on ABC, and CNN says it "still may be the best teen drama ever." In the 1994 Fall Preview Issue, TV Guide called the show one of the best of the new season, saying "The show has just enough of a dark, gritty edge to be convincingly realistic. There's no shortage of angst, but it doesn't have that grating thirtysomething whine. And it could go over with junior-high and high-school kids." If that has you feeling nostalgic, click on the following:

CNN: 'My So-Called Life' debuted 25 years ago and still may be the best teen drama ever

Mental Floss: 19 Facts About My So-Called Life on Its 25th Anniversary

People: The Cast of My So-Called Life: Where Are They Now?

In addition to My So-Called Life, Touched By An Angel, Friends and ER all made their debuts in the Fall of 1994. And do you remember a show called On Our Own? It was Jussie Smollett's big break, in which he and his five siblings played a family trying to stay together after they're orphaned. TV Guide said "The Smollett kids, who have been compared to the young Jacksons, are about as cute as they come," but "We're not talking about high-voltage scripts or cutting edge comedy--the show rides almost entirely on the appeal of the kids." The show only lasted one season.

There were also two significant political deaths that happened on this day in history. On August 25, 2009, Senator Ted Kennedy died of a brain tumor; nine years later, on August 25, 2018, Senator John McCain died of the same disease.

Friday, August 23, 2019

Another Bad Day For Jussie - Updated

A special prosecutor has been appointed to investigate the Jussie Smollett case:


Here's what the State's Attorney's office said:



And here's how the local NBC station is covering it: 

An Illinois judge appointed a special prosecutor Friday to look into why state prosecutors abruptly dropped charges against actor Jussie Smollett, accused of staging a racist, anti-gay attack against himself.

Cook County Judge Michael Toomin named former federal prosecutor Dan Webb as the special prosecutor in a hearing Friday after his surprise ruling in June that one was warranted.

Webb is the former U.S. attorney who led the "Operation Greylord" investigations into judicial corruption in Cook County, and is currently the co-executive chairman of Winston & Strawn LLP, according to his bio on the law firm's website.

Webb said at a news conference after the hearing that he believed Toomin had assigned him to complete three main tasks.

"First, to investigate if any persons or offices involved in the Smollett case engaged in any wrongdoing," Webb said.

"Number two, determine if reasonable grounds do exist to further prosecute Mr. Smollett," he continued. "And number three, to submit a written report to the court of our findings and conclusions at the end of the special prosecutor's investigation."

Webb said one of the first things he believed he and his team would do in the investigation would be to file a motion before Toomin requesting the appointment of a special grand jury.

He also said he didn't want to "reinvent the wheel," and would thus quickly reach out to the four government agencies who have investigated the situation: the Cook County state's attorney's office, the Chicago Police Department, the inspector general of Cook County and the Federal Bureau of Investigation. Webb added that he would also reach out to Smollett's legal team early on, as well as set up interviews with key witnesses in the case.

Webb noted that he and Winston and Strawn would complete the investigation pro bono, without charging the county (and subsequently, taxpayers) any legal fees beyond out-of-pocket expenses.

This marks Webb's sixth appointment as a special prosecutor since he left the U.S. attorney's office in 1985, he said. He was the special prosecutor appointed in the 2004 death of David Koschman, who died after former Chicago Mayor Richard M. Daley's nephew Richard Vanecko punched him and he hit his head on the pavement.

"I don't know where this case is going," Webb said in discussing a potential timeline for the investigation. "I'm going to take it one step at a time. I gotta master the facts. I gotta learn the legal issues and I gotta be fair to everybody. But I can tell you right now our strategy and our plan is to expedite it and move forward very quickly."

The office of Cook County State's Attorney Kim Foxx charged Smollett in February with 16 counts of disorderly conduct for purportedly orchestrating the incident the previous month. A month later, prosecutors dropped all charges with little explanation.

"While the court previously concluded that our office had no conflict of interest in this case, public trust is paramount to our work," the Cook County state's attorney's office said in a statement following Webb's appointment. "We pledge our full cooperation to the special prosecutor appointed today to review this matter. "

"We are proud of the dedicated women and men of the Cook County State’s Attorney’s Office who work hard every day on behalf of victims and communities affected by crime," the statement continued. "As we continue our focus on efforts to increase public safety and reduce violence, we remain committed to justice, transparency, and fairness for those we serve."

Among the options available to Webb would be to restore charges against Smollett, who continues to maintain the January incident wasn't staged.

A former state appellate judge, Sheila O'Brien, petitioned for a special prosecutor, leading to Toomin's ruling.


It can't be easy being Jussie Smollett right now. The appointment of a special prosecutor puts his story back in the national news, with coverage from the New York Times: Dan K. Webb Is Named Special Prosecutor in Jussie Smollett Case to USA Today: Special prosecutor named to look into dropped charges against Jussie Smollett to Page Six: Special prosecutor who will re-investigate Jussie Smollett announced.

The fact that a special prosecutor has been appointed reminds everyone that Jussie sure looks guilty of staging a hoax, which is why dropping the charges against him was so controversial in the first place. He doesn't appear to be in any immediate legal danger, and obviously I say that as a non-lawyer, but even the possibility of "further prosecution" has to make him nervous.

Jussie Smollett's life and career are screwed up so far beyond what he could have possibly imagined when he decided to stage his little hoax that I almost find myself feeling sorry for him, but only almost. He set this thing in motion, for the most craven of reasons and apparently without even the slightest consideration of the impact it might have on the community around him. He doesn't appear to have even considered the possibility that his plan was less than foolproof. (My first post about all this was titled "What Jussie didn't know;" read it here.) He continues to profess his innocence in spite of the tsunami of evidence against him, and he has thrown the Osundairo brothers under the bus, claiming that they attacked him of their own volition out of hatred for him as a gay man. So, no, not much sympathy for Jussie Smollett.   

Finally, at least for now, regardless of how this ultimately ends for Jussie, his hoax will live on in infamy at UrbanDictionary.com, where "Smolletting" is now a verb. It's defined as "Giving of an elaborate, contrived story delivered with complete conviction for the purpose of personal gain." Read more here.

As I've said before, this has been another bad day for Jussie Smollett.

Update on Saturday morning. The local view of things, from the Chicago Tribune, in an article posted this morning:

[Former U.S. Attorney Dan] Webb’s appointment adds more star power to a case that already has made national headlines for months and touches on issues of race, politics and celebrity, even though it stems from a low-level felony charge of disorderly conduct.

... The allegations at the center of Smollett’s case are comparatively minor. Smollett was accused of orchestrating a fake hate crime attack on himself; the charges were later dropped by State’s Attorney Kim Foxx’s office with little explanation and to great public outcry.

In signing the order for a special prosecutor in June, [Judge] Toomin said Foxx overstepped her authority when she put her top deputy in charge of Smollett’s prosecution after she recused herself.

Foxx had spoken with a relative of Smollett’s in the early phases of the investigation after she was contacted by Tina Tchen, formerly Michelle Obama’s chief of staff — sparking speculation that the case’s ultimate outcome was tainted by political clout.

Webb’s appointment will open the whole matter anew, and his mandate is far-reaching. He has the power to investigate not only Smollett but any other people or agencies who touched the hot-button case since it exploded in January.

Webb’s team could reprosecute Smollett. Since he never entered a guilty plea or went on trial, new charges would not violate his right against double jeopardy, experts have said.

And Webb has the power to investigate Foxx’s handling of the case, which could put a cloud over her run for reelection in the March Democratic primary.

... Webb on Friday immediately said he’d likely impanel a special grand jury in the Smollett case, which could hear sworn testimony from witnesses and deliver criminal indictments.
(Read the article here.) 

Friday, June 21, 2019

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. 










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. 

Tuesday, June 11, 2019

"Beyond Embarrassed": What Lee Daniels Thinks Now - Updated

Last week, for a moment, it looked as if Jussie Smollett would be returning to Empire for the second half of the final season. Series co-creator Lee Daniels shot that down in a hurry:




When I saw that tweet, especially with the word NOT in all caps, I thought "Lee Daniels is so done with Jussie Smollett." Now New York magazine has a long interview with Daniels that provides some nuance. Note that the interviewer has some trouble with double negatives in a couple of the questions, but clearly, he believes (as I do, obviously,) that Smollett made the whole thing up:

The reporting that's emerged about the Jussie Smollett case suggests that he faked a racist, homophobic mugging in order to get paid more money on Empire. You initially supported his story. Are you embarrassed?

I'm beyond embarrassed. I think that when it happened, I had a flash of me running from bullies. I had a flash of my whole life, of my childhood, my youth, getting beaten.

Knowing Jussie, would you have suspected this from him, or did this come out of the blue?

Blue. Blue.

It's got to feel like a huge betrayal.

If it turned out that he did it, was guilty, and all of it's accurate.

Wait, there's really doubt in your mind that he didn't make the whole thing up?

Of course there's some doubt. I'm telling you that because I love him so much. That's the torture that I'm in right now, because it's literally if it were to happen to your son and your child, how would you feel? You would feel, Please, God, please let there be that glimmer of hope that there is some truth in this story. That's why it's been so painful. It was a flood of pain.

Did you read the Chicago Tribune's coverage of it?

I didn't read any of it. I was too busy putting out fires.

Because to me, the Tribune's reporting didn't leave much in the way of doubt about its being anything other than a hoax. What would the scenario look like of him telling the truth?

We weren't there. I can't judge him. That's only for the fucking lady or man with that black robe and God. I had to detach myself and stop calling him, because it was taking away the time I have for my kids, the time I have for my partner. It was affecting my spirit and other shows, everything.

You are a showman and a provocateur. A friend of mine remarked that she'd never heard of Smollett and all of a sudden he was the most famous guy in America.

What do you make of that? Think about it. If he didn't do it, he'd be Martin Luther King right now. He'd be some kind of god.

You mean if he'd gotten away with it? I wondered if any part of you, as a showman, thought, Hats off to this guy for making himself a household name.

Yeah. Kudos. Yeah. (Read the full interview here.)

Although the Smollett stuff is just one part of a very long interview, that's what's getting the headlines:




Just when you think things can't get any worse for him, I think it's safe to say that once again, Jussie is having a very bad day.

Click here to read previous posts about Jussie Smollett.

Update on Wednesday morning. A couple more headlines:

USA Today: Jussie Smollett scandal left 'Empire' co-creator Lee Daniels feeling 'beyond embarrassed'

CNN: 'Empire' creator says he had to cut off communications with Jussie Smollett after scandal

Thursday, May 30, 2019

Jussie's Very Bad Day - Updated

Jussie Smollett is probably having a very bad day:



My guess is that as this information comes out, it's going to get harder and harder for Jussie to continue to insist that he's innocent. Stay tuned.

Update on Saturday afternoon. Late yesterday the Cook County State's Attorney's Office released more than 2,000 additional documents about Jussie Smollett's case. Here's how the New York Times covered it:

Documents released on Friday showed that the day before they dropped all charges against the actor Jussie Smollett, who had been accused of staging a hate crime, prosecutors deliberated over the precise wording of their explanation, cognizant of how the public might perceive their sudden withdrawal from the case.

According to correspondence released by the Cook County State’s Attorney’s Office, prosecutors had been discussing the resolution of the case with Mr. Smollett’s lawyer in the days leading up to March 26, when the office dropped all 16 felony counts against him. Mr. Smollett, 36, had been accused of paying two acquaintances to stage a racist and homophobic attack against him, during which they shouted slurs and placed a noose around his neck.

On March 25, Mr. Smollett’s lawyer, Patricia Holmes, emailed proposed language for the state’s attorney’s office to use when announcing in court that it would be dropping the case. Ms. Holmes suggested that prosecutors say that Mr. Smollett is a “dedicated citizen of Chicago who volunteers and contributes regularly in the Chicago area community.” Mr. Smollett had agreed to forfeit the $10,000 bond paid to release him from jail, and Ms. Holmes suggested prosecutors mention that, too.

The proposed statement also suggested that the prosecutors should say that “a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.”

In emails spanning from around 4 p.m. to 10 p.m. on March 25, staff at the state’s attorney’s office parsed the language from the defense lawyer and edited the statement so that it would not indicate that Mr. Smollett was either guilty or innocent of staging the attack. They also sought to tone down language praising him for his community service work.

“Off the top of my head, this could be construed as the defendant being able to buy his way out of the case because he is a good guy,” Joseph Magats, the top deputy to State’s Attorney Kim Foxx, wrote in an email to his colleagues about the defense lawyer’s proposal.

Risa Lanier, another top prosecutor, wrote that she objected to including the language suggested by Ms. Holmes that said Mr. Smollett should be presumed innocent unless proven guilty. Ms. Lanier suggested a new statement that cut out the defense lawyer’s complimentary tone, but that also would avoid any appearance that Mr. Smollett had, in effect, pleaded guilty.

“That way we aren’t overselling the defendant,” Ms. Lanier wrote in the email, “and we aren’t indicating that his volunteer work was the result of any deal between the attorneys, which would indicate guilt.”

At another point in the email conversation, one prosecutor made a point to change the statement from saying that prosecutors believed this was “the most just disposition” to simply being “a just disposition.”

In the final statement, prosecutors did cite his volunteer work and bond forfeiture as a reason for withdrawing the case. Mr. Smollett has long been involved in the Black AIDS Institute, whose founder vouched for him in a letter that the defense lawyer passed along to the prosecutors.

He has also volunteered for Rainbow/PUSH, the civil rights organization led by the Rev. Jesse L. Jackson, who also sent a letter vouching for Mr. Smollett. Ms. Holmes told Ms. Lanier in a March 23 email that Mr. Smollett planned to spend 15 hours volunteering at Rainbow/PUSH over that weekend, “as discussed yesterday.”

After the prosecutors announced their decision, Chicago officials, including the mayor at the time, Rahm Emanuel, and the police superintendent, Eddie Johnson, denounced the office’s move. Prosecutors then took the unusual step of saying that their decision to drop the charges “didn’t exonerate him.”

Many details from Mr. Smollett’s case had been concealed until last week, when a judge in Chicago ordered that Ms. Smollett’s case file be unsealed. The first portion of documents released by the Chicago Police Department on Thursday showed that just days after he was indicted on Feb. 28, prosecutors told detectives that they were thinking of settling the charges.

However, the documents released this week did not provide any answers about why the prosecutors so quickly decided to drop the case. The State’s Attorney’s Office has declined to release numerous pieces of internal correspondence, citing an Illinois law that protects their deliberations from public disclosure.

Ms. Foxx, the office’s top official, had removed herself from the case, and in some text messages released on Friday, her rationale for doing so differed from her office’s earlier explanation: that she had contact with representatives for the actor.

But in one text exchange, Ms. Foxx said that a colleague told her she needed to separate herself from the case because there were rumors that Ms. Foxx was “related or closely connected to the Smolletts.”

“She said it was pervasive among CPD and that I should recuse,” Ms. Foxx said, referring to the Chicago Police Department.

“I thought it was dumb but acquiesced,” the text message said. “It’s actually just racist.” (Ms. Foxx is black, as is Mr. Smollett.)

A Chicago police spokesman, Anthony Guglielmi, said that he was personally unaware of comments within the department of that nature.

Previously released files showed that the day after the grand jury indictment, Ms. Foxx texted a colleague saying that she thought the office was treating Mr. Smollett too harshly, even though she was supposed to keep her distance from the case. There has been no evidence that she interceded to make prosecutors in her office end the case.

But Ms. Foxx addressed the controversy about her involvement in the case in a statement accompanying the documents released on Friday. “I did not have a conflict of interest in this case; only a sincere desire to serve the community,” she said. Nonetheless, she acknowledged the confusion about her role, saying, “I am sorry that despite the best intentions, our efforts were less than what was required of the moment.”

The more than 2,000 pages of records released on Friday also showed that based on the accounts of the two men who attacked Mr. Smollett, who told the police that Mr. Smollett had paid them to do so, the police investigated whether one of Mr. Smollet’s managers may have played a role in planning the incident. The manager was never charged, and when the authorities charged Mr. Smollett, they did not mention the manager having any involvement in a crime.
(This is the story in its entirety.) 

Update #2 on Sunday morning. TMZ has an article saying that Abel Osundairo, one of the two brothers who "attacked" Jussie as part of the hoax, is now training with one of Floyd Mayweather Jr.'s trainers, indicating a possible path to a career as a professional boxer. This paragraph caught my eye:

Abel's still a raw talent -- he competed in a division for less experienced boxers between 21 and 35 who weigh 178 pounds or less -- but there's potential ... and further proof that if the Osundairo brothers really wanted to hurt Jussie in the "attack" ... it would've been vicious. (Read the story here.) 

Update #3 on Tuesday, June 4. The Hollywood Reporter ponders the impact of last week's document release:

As of early May, Empire writers were speaking openly about the possibility of Smollett's return to the show. And the actor appeared eager to continue working after his arrest and the subsequent dropping of charges, saying in a statement that he “appreciated” 20th Century Fox’s decision to extend his contract and keep his character Jamal’s future “open” for the upcoming sixth season.

Now that’s more in doubt than ever. While Smollett, through his attorneys, has lauded the release of the entire investigative case file, nothing in the documents would seem to improve Smollett’s chances of rehabilitating his career in Hollywood or to repair his shattered public image. Instead, the picture that emerges serves to reinforce allegations of a man buying cocaine and ecstasy while plotting a fake hate crime against himself.

... Whereas Smollett had garnered a loud and vocal base of support after the initial charges against him were dropped, those voices had started to dim even before the latest dumps, as the murkiness around his story continued to deepen. The document release did little to revive what support he did have. The writers on Empire have remained quiet. A @standwithjussie handle and hashtag, which calls for fans to “sign the petition to bring him back for the next season of empire” had just seven followers, two likes and little-to-no momentum. Calls to Hilary Rosen, who represents Smollett at the PR firm SKDKnickerborker, which has been mounting a campaign to resuscitate the actor’s public image, went unanswered, and the voicemail was full.
(Read the entire article here.)

Update #4 on Tuesday evening. There was a brief moment this afternoon when it appeared that Jussie may be returning for the final episodes of Empire after all. Earlier today, Page Six published this: 

According to multiple production sources, “Empire’s” writers are breaking ideas for the Fox show’s sixth and final season with the expectation that Smollett will appear in the back half of the 18-episode season. Smollett was written out of the final episodes of the show’s fifth season following severe backlash stemming from accusations the actor and musician faked a hate crime against himself earlier this year in Chicago. (Read the article here.)

That generated a flurry of tweets like this:


Are the Empire writers really preparing for Jussie to return? My hunch was that Jussie's high-powered PR representative, named in the Hollywood Reporter article, planted that story hoping to generate a new narrative that Jussie's troubles were over and everything was back to normal for him. If that's the case it was a serious miscalculation, because it resulted in this, from Empire co-creator and decision-maker Lee Daniels:




... which resulted in this, from Variety:

“Jussie [Smollett] will NOT be returning to ‘Empire,'” series co-creator Lee Daniels said Tuesday.

Daniels was responding to a Variety report in which multiple production sources said that “Empire’s” writing staff was breaking ideas for the show’s sixth and final season with the expectation that Smollett will appear in the back half of the 18-episode season.

This is the first public acknowledgment that Smollett would not return for the final season of the Fox drama series. Smollett was written out of the final episodes of the show’s fifth season following severe backlash stemming from accusations the actor and musician faked a hate crime against himself earlier this year in Chicago.
(Read the story here.)

Deadline has a quote from a "well-placed source":

A well-placed source told Deadline today that Smollett’s ongoing legal issues are partly to blame for him remaining on the sidelines.

“There are still too many unknowns about what really occurred, why the charges were suddenly dropped and the effect it all has had on Empire for the network or the producers to feel Jussie can slip back into the show,” the individual said.
(Read the article here.) 

Another very bad day for Jussie Smollett.

Monday, May 27, 2019

The Guessing Game - Updated

What will be on the cover of People this week? Just a few guesses:

Elton John and/or Taron Egerton: Rocketman opens Friday
Brad Pitt, Leonardo DiCaprio and/or Quentin Tarantino: Their new movie Once Upon A Time... In Hollywood opens July 26; it's getting good reviews overall
Luann de Lesseps: Arrested for violating her probation
Jussie Smollett: Back in the news as a Chicago judge orders that records of his court proceedings be unsealed
Cheryl Burke: The DWTS star got married
Princess Charlotte: Going to school in the Fall
Amanda Eller: Found alive in a Maui forest after 17 days
JJ Watt: The Houston Texans star is engaged
Don Jr.: Landed a book deal; going to England to meet the Queen
Lamar Odom: His book comes out tomorrow:

Darkness to Light: A Memoir

Stories that appear on the new cover will be highlighted in green.

Update: See the issue dated June 10, 2019, featuring Alex Trebek, here

Thursday, April 4, 2019

Jussie's Very Bad Day - Updated

Will Jussie Smollett pay the city of Chicago $130,000 and change to cover the costs of investigating his hate crime hoax? My guess is no, but today's the deadline. If he doesn't pay, will the city sue? My guess? Yes. Mayor Rahm Emanuel isn't a marshmallow and he isn't a pushover. (When the letter was sent, Rahm suggested Jussie write "I'm accountable for the hoax" in the memo section of the check.) He's also leaving office in May, which makes him possibly less worried about the political repercussions of a lawsuit than if he was going to continue to be the mayor. This is from CNN:

In a letter sent to the "Empire" actor on March 28, the city's corporation counsel said that if he didn't pay in the next seven days, he might be prosecuted using Chicago's municipal code or other legal remedies.

"The city feels this is a reasonable and legally justifiable amount to collect to help offset the costs of the investigation," city spokesman Bill McCaffrey said.


The letter was sent after a prosecutor unexpectedly dropped 16 felony disorderly conduct charges against Smollett, who was accused of staging the attack on himself.
(Read more here.) 

NBC News in Chicago says a lawsuit is "likely" if Jussie doesn't pay up:

Nonpayment will likely prompt the city to sue Smollett, prompting a civil trial where standards for proving he staged the incident will be lower than in criminal court. (Read more here.) 

Chicago's mayor-elect Lori Lightfoot, who like Mr. Smollett is black and gay, appeared on MSNBC last night: 

Chicago’s new mayor-elect Lori Lightfoot still has questions about why the charges against Jussie Smollett were dropped and has called on the office of Cook County State’s Attorney Kim Foxx to provide more information about why the case against the actor was abandoned.

“The State’s Attorney’s office here which made the decision unilaterally to drop the charges has to give a much more fulsome explanation,” Lightfoot said during an interview with Craig Melvin on MSNBC Wednesday. “We cannot create the perception that if you’re rich or famous or both that you got one set of justice — and for everybody else it’s something much harsher. That won’t do and we need to make sure that we have a criminal justice system that has integrity.”

When asked point blank by Melvin about whether she thought Smollett was innocent, Lightfoot hedged but said the evidence did not suggest that conclusion.

“I believe that everybody is entitled to a presumption of innocence,” she said. “But I saw — as I’m sure you and your listeners saw — a very compelling case, with video tapes, witness statement and other information that looked like he had staged a hoax, and if that happened he’s got to be held accountable.”

Reps for Smollett declined to comment. Reps for Foxx did not immediately respond to a request for comment.

The remarks from Lightfoot, who will become the first black woman and first openly gay woman to serve as Chicago’s mayor suggest, that focus will not let up on the Smollett case even after Rahm Emanuel leaves office. In his final days on the job, Emanuel railed against the decision by Foxx to drop all charges against Smollett. In an angry press conference last month, Emanuel called the move a “whitewash of justice.”

“Do I think justice was served? No,” he said. “I’ve heard that they wanted their day in court with TV cameras so America could know the truth. But no, they chose to hide behind secrecy and broker a deal to circumvent the judicial system … I stand behind the detectives’ investigation.”
(From Yahoo News, read more here.)

Will Jussie cave and cough up the money, in effect acknowledging that he staged the attack, or will he call Rahm's bluff and gamble that he won't get sued? Either way, I feel safe in saying that once again, Jussie Smollett is not having a good day.

Thursday night update. Jussie didn't pay:









Saturday, March 30, 2019

A Message From The Cook County State's Attorney - Updated

On Wednesday night the Chicago Tribune published an editorial titled "The Jussie Smollett Fiasco: Kim Foxx Digs A Deeper Hole." (I linked to it below.) Last night Ms. Foxx, the Cook County State's Attorney, fired back. Note that she does not address the fact that early on, she had direct contact with a member of the Smollett family and at their request, tried to persuade the Police Superintendent to give the case to the FBI. She has subsequently acknowledged that that was a mistake, but still. That action is one of the things that's making the decision to drop the charges look fishy and politically motivated. Note also that earlier in the week she claimed her office would indeed get a conviction: "I believe, based on the facts and the evidence presented in the charging decision made by this office, this office believes that they could prove him guilty." This is her commentary, in its entirety:

Let’s talk about the Jussie Smollett case. Let’s talk about his alleged actions, the decision about how best to prosecute and resolve the case, and the implications for our Chicagoland community.

There was considerable evidence, uncovered in large part due to the investigative work of the Chicago Police Department, suggesting that portions of Smollett’s claims may have been untrue and that he had direct contact with his so-called attackers. Claims by Smollett or others that the outcome of this case has “exonerated” him or that he has been found innocent are simply wrong. He has not been exonerated; he has not been found innocent.

Falsely reporting any crime is itself a crime; falsely reporting a hate crime is so much worse, and I condemn in the strongest possible way anyone who does that. Falsely reporting a hate crime causes immeasurable harm to the victims of actual crimes, whether because they are less likely to be believed or, worse, because they are afraid to report their crimes in the first place for fear of not being believed.

So, why isn’t Smollett in prison or at least on trial? There are two different answers to this, both equally important.

First, the law. There were specific aspects of the evidence and testimony presented to the office that would have made securing a conviction against Smollett uncertain. In determining whether or not to pursue charges, prosecutors are required to balance the severity of the crime against the likelihood of securing a conviction. For a variety of reasons, including public statements made about the evidence in this case, my office believed the likelihood of securing a conviction was not certain.

In the interest of full transparency, I would prefer these records be made public. However, in this case, Illinois law allows defendants in certain circumstances to request that public records remain sealed. Smollett chose to pursue that avenue, and so my office is barred from releasing those records without his approval.

Another key factor is that the crime here was a Class 4 felony, the least serious category, which also covers things like falsely pulling a fire alarm in school and “draft card mutilation.” These felonies are routinely resolved, particularly in cases involving suspects with no prior criminal record, long before a case ever nears a courtroom and often without either jail time or monetary penalties. Any prosecutor, law-enforcement leader or elected official not grandstanding or clouded by political expediency understands the purpose of sentencing guidelines.

But more important than the dispassionate legal justification, there was another reason that I believe our decision not to prosecute the case was the right one.

Yes, falsely reporting a hate crime makes me angry, and anyone who does that deserves the community’s outrage. But, as I’ve said since before I was elected, we must separate the people at whom we are angry from the people of whom we are afraid. I am angry at anyone who falsely reports a crime. I am afraid when I see a little girl shot dead while sitting on her mother’s lap. I am afraid when I see a CPD commander slain by a four-time felon who was walking the streets. I am also afraid when I see CPD resources used to initially cover up the shooting death of Laquan McDonald.

I was elected on a promise to rethink the justice system, to keep people out of prison who do not pose a danger to the community. I promised to spend my office’s finite resources on the most serious crimes in order to create communities that are both safer and fairer.

Our community is safer in every sense of the word when murderers and rapists are locked away. But we can’t allow fearmongers to devalue the tremendous progress we’ve made in the last year. Since taking office, I’ve sought to employ alternative prosecutions, diversions, alternate outcomes and other forms of smart justice, and it has been working — violent crime in Chicago is down overall. In addition to the benefits of smart justice on recidivism and keeping families together, it also creates bandwidth for my office to dedicate more resources to combating not only truly violent crimes but also the opioid crisis, holding big banks accountable for their actions, protecting consumers from data breaches and other critical work.

Since it seems politically expedient right now to question my motives and actions, and those of my office, let me state publicly and clearly that I welcome an outside, nonpolitical review of how we handled this matter. I am not perfect, nor is any other prosecutor out there, but ensuring that I and my office have our community’s trust is paramount.

As a public figure, Smollett’s alleged unstable actions have probably caused him more harm than any court-ordered penance could. None of that, though, should detract from two facts that must be able to coexist: First, falsely reporting a hate crime is a dangerous and unlawful act, and Smollett was not exonerated of that in this case. Second, our criminal justice system is at its best when jails are used to protect us from the people we rightly fear, while alternative outcomes are reserved for the people who make us angry but need to learn the error of their ways without seeing their lives irrevocably destroyed.


Previous posts about Jussie Smollett:

March 27: An Editorial From The Chicago Tribune

Jussie didn't win an NAACP award last night, which is probably a good thing. In an earlier post I wrote that the award would be given out during the live show tonight, but it turns out that was wrong. Some of the awards were given out at a dinner last night:

"Empire" actor Jussie Smollett skipped the NAACP Image Awards Dinner on Friday night as controversy continued to swirl around the dismissal of felony charges against him for false reporting of a hate crime.

... Smollett, who stars as Jamal Lyon on the Fox series, had flown to Los Angeles on Wednesday, sparking rumors he might be in attendance at the awards show. Smollett was nominated for best supporting actor in a television drama for his role on "Empire" -- an award he has been nominated for four years in a row and won in 2017.

Jesse Williams, of "Grey's Anatomy," won the award on Friday night as part of the untelevised awards portion of the show. The rest of the awards will be given away live on TV One [tonight.]
(From ABC News, read more here.)

Will Jussie attend tonight's event? Stay tuned. 

Saturday afternoon update. More about how State's Attorney Kim Foxx came to be talking to a member of the Smollett family; as you read, keep in mind that at the time of these events, the Osundairo brothers were still in Nigeria and Jussie was considered to be the victim of a hate crime: 

Tina Tchen's longtime friend wasn't surprised the former Obama administration aide helped connect Jussie Smollett's family with a top Illinois prosecutor.

Weeks before a grand jury indicted Smollett on the theory he falsely reported being the victim of a hate crime, relatives of the actor, who is black and gay, had expressed to Tchen "concerns about the investigation" by Chicago police.

Getting the right person to take those sort of concerns seriously has been a hallmark of Tchen's career, highlighted by a stint as then-first lady Michelle Obama's chief of staff and now by her work leading a probe of workplace culture at the Southern Poverty Law Center.

"Long before Black Lives Matter, long before Time's Up, long before #MeToo, we were aware of how difficult it is to be believed as a woman, as a gay, as a black," Tchen's friend, Marilyn Katz, said. "Our whole lives have taught us that lesson."

But the involvement of Tchen, a Harvard graduate who earned her law degree from Northwestern University, in the Smollett case has sparked accusations of favoritism, particularly after the office of Cook County State's Attorney Kim Foxx this week dropped 16 felony charges of disorderly conduct against Smollett. In exchange, he agreed to forfeit his $10,000 bail and complete community service.

Tchen, 63, said her contact with Foxx on behalf of Smollett's family was not intended to influence the case's outcome.

"I know members of the Smollett family based on prior work together," she said this week in a statement.

"Shortly after Mr. Smollett reported he was attacked, as a family friend, I contacted Cook County State's Attorney Kim Foxx, who I also know from prior work together. My sole activity was to put the chief prosecutor in the case in touch with an alleged victim's family who had concerns about how the investigation was being characterized in public."

That explanation, however, hasn't quieted calls for investigations into whether Smollett got off easy because of his fame and well-placed connections, perhaps including Tchen.

Smollett's camp denies the claims. Tchen did not respond beyond her statement to CNN's request for comment.

Smollett told police two men attacked him on January 29, yelling racist and homophobic slurs while striking him. He said the assault ended with a noose placed around his neck and a chemical poured on him.

Tchen reached out to Foxx just three days after the attack report, according to text and email messages obtained by CNN through a public records request. She wrote that the family had "concerns about the investigation."

Foxx emailed Tchen later that day, saying in part, "Spoke to the (Police) Superintendent (Eddie) Johnson. I convinced him to Reach out to FBI to ask that they take over the investigation. He is reaching out now and will get back to me shortly."

On that same day, another person, identified by Foxx's office as a Smollett family friend, texted the prosecutor to ask whether they could talk by phone, the records show. "Tina Tchen gave me your number," the friend wrote.

Hours later, Foxx responded by text to the family friend, whose identity is redacted in the public records.

"Spoke to the superintendent earlier, he made the ask. Trying to figure out the logistics. I'll keep you posted," the prosecutor wrote.

"Omg this would be a huge victory," the family friend responded.

"I make no guarantees, but I'm trying," Foxx replied.

Chicago police have said the FBI "has been involved since Day One ... providing technical assistance to our officers" in the Smollett case. Johnson has said he was "amenable" to talking about having the FBI lead the Smollett investigation but police and federal officials decided it would be most appropriate for Chicago police to stay at the helm, he told USA Today. (From CNN, read more here.)

The irony here is that if Foxx really was giving Jussie special treatment by dropping the charges, either because of his celebrity or because of his political connections, it sure backfired. The resulting outrage has put him and his actions under an even brighter spotlight, and not to his benefit. As I said in an earlier post (read it here,) if his attorneys have any kind of credible evidence to offset the narrative that Jussie was not exonerated and is not innocent, the time to make it public is now.

Update #2, late Saturday afternoon. Chicago Police Superintendent Eddie Johnson has issued a statement in response to State's Attorney Foxx's commentary:



Update #3 on Sunday morning. Apparently Jussie did not attend the NAACP Awards event last night; it's interesting that producers felt compelled to issue instructions that there be no Jussie Smollett jokes:

Despite support from Anthony Anderson, Jussie Smollett was a no-show at Saturday night's NAACP Image Awards in Hollywood.

The "Empire" actor was nominated for Outstanding Supporting Actor in a Drama Series, but lost out to “Grey’s Anatomy” star Jesse Williams. Williams won the award during the untelevised portion of the show at the awards dinner Friday, which USA TODAY confirmed Smollett also did not attend.

But that didn't stop Chris Rock from taking aim.

"They said 'No Jussie Smollett jokes,' " said Rock, who was there to present Outstanding Comedy Series. But that didn't stop him. "What a waste of light skin," Rock cracked. "Do you know what I could do with that light skin? That curly hair? My career would be out of here! I'd be running Hollywood."


"What the hell was he thinking? You're 'Jessie' from now on," Rock continued, as cameras showed Trevor Noah cracking up in the crowd. "You don't get the 'u' no more. That 'u' was respect. You ain't getting no respect from me!" (From USA Today, read more here.)

TMZ has the video, see it here

And one more thing: When you've lost Saturday Night Live...



Between Chris Rock and SNL, I think it's safe to say, once again, that Jussie Smollett is not having a good day.