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UH-OH! Judge Approves Request For Special Prosecutor To Re-Investigate Jussie Smollet's Case! Kim Foxx 'Disagrees'

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Looks like Jussie Smollett isn't in the clear after all. Or Kim Foxx. A judge has ruled for a special prosecutor to investigate the way Cook County State Attorney Kim Foxx handled the former "Empire" star's case. Deets inside...

It's not over yet!

Jussie Smollett was cleared of 16 felony charges of lying to police about an alleged "staged" attack. Now, a judge has appointed a special prosecutor to investigate the dropped charges, how the case was handled, and the allegations against the former "Empire" star.

This news couldn't have come at a worst time as Smollett celebrates his 37th bithday today! Sheesh. What a gift.

When the charges against Smollett were dropped by Cook County prosecutors, everyone was stunned. It came out of of nowhere and the case files were sealed from the public, so folks instantly thought some funny ish was going on. Months later, the case files were released (although they were redacted).

As we all know, Smollett was accused of staging a racist and homophobic attack back in Chicago back in January. He has maintained his innocense the entire time.

So, how did this case get back in front of a judge?

According to NBC Chicago, retired appellate judge, Sheila O'Brien, requested a special prosecutor to investigate why the charges against the actor were dropped. Judge Michael Toomin approved the request, and now Smollett and Cook County State Attorney Kim Foxx - the first African American woman to lead the office - could be in BIG trouble.



Once the special prosecutor is appointed, he/she would be allowed to bring NEW charges against the “Empire” star IF there are “reasonable grounds” to do so. Yikes.

“If reasonable ground 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,” Toomin wrote. “In the event the investigation establishes reasonable grounds to believe that any other criminal offense was committed in the course of the Smollett matter, the special prosecutor may commence the prosecution of any crime as may be suspected.”



Apparently, Foxx didn't have the authority to appoint her top deputy, First Assistant State’s Attorney Joseph Magats, to oversee the case after she announced she was recusing herself from the case. You'll recall, she stepped down from the case because she was in contact with a relative of Smollett's before he was charged. Judge Toomin didn't have an issue with the contact, but he believes she appointed Magats to a “fictitious” office to serve in her stead.

“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,” he said.

Wow. Since there was no official state's attorney when Smollett was arrested, charged, indicted, arraigned, and then charges dropped - ALL of those decisions were INVALID.



The Chicago Police Department - who called Smollett out for lying - are on board with the court appointed special prosecutor. Lawd! They're going to have a field day with this.



In response of the new legal moves, Foxx said she "respectfully disagrees" with the judge's decision for a special prosecutor. In a statement, she said:

“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.”

“As always, I remain committed to transparency, justice, and the public safety of the communities we serve.”

Judge Toomin will first reach out to the Illinois Attorney General’s office and the state’s appellate prosecutor’s office to handle the case. Then, he'll reach out to other county state’s attorneys for volunteers. No word on how long the process will take.

We're sure this isn't the birthday Jussie Smollett was looking forward to.

You can check out the full ruling below:


Jussie Smollett Special Pro... by on Scribd


Photo: AP

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