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Kim Foxx Subpoenaed Over Jussie Smollett Case While Judge Slams Her for Double Standard

Kim Foxx Subpoenaed Over Jussie Smollett Case While Judge Slams Her for Double Standard

“Instead, Foxx misled the public into believing that Smollett’s case was handled like any other prosecution and without influence.”

Cook County’s State’ Attorney Kim Foxx’s woes continue as retired appellate judge Sheila O’Brien filed a petition for a special prosecutor to investigate Foxx’s office over the Jussie Smollett case. Foxx received a subpoena to appear in court along with her top deputy Joseph Magats.

This news comes after one Cook County judge slammed Foxx for her double standards after her office prosecuted one woman for filing a false report. Those are the same charges Foxx’s office dropped against Smollett.


Smollett faced 16 felony counts after the Chicago Police Department determined he staged the racist and homophobic attack on himself on January 29.

I blogged last week about how Foxx continued to communicate with her team on the Smollett case after she recused herself. Texts with Magats showed how she called the 16 felony accounts against Smollett “excessive.” She wrote to Magats:

“Sooo……I’m recused, but when people accuse us of overcharging cases…16 counts on a class 4 becomes exhibit A,” Foxx wrote to Magats on March 8.

“Pedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16. On a case eligible for deferred prosecution I think it’s indicative of something we should be looking at generally. Just because we can charge something doesn’t mean we should,” she added, referring to the case of R&B singer R. Kelly, who was indicted on 10 counts of aggravated criminal sexual abuse in connection with four women, three of whom were underage.

Now O’Brien wants a special prosecutor to investigate Foxx’s office. From The Chicago Sun-Times:

“Foxx’s conflict in this matter is beyond dispute,” O’Brien wrote, adding that Foxx should have sought appointment of a special prosecutor. “Instead, Foxx misled the public into believing that Smollett’s case was handled like any other prosecution and without influence.”

Emails and text messages turned over to the Chicago Sun-Times, in response to a records request, showed that weeks before Smollett was charged, and when the actor was considered by police to be a crime victim, Foxx had talked to Chicago lawyer Tina Tchen, who put her in touch with a relative of Smollett’s. Foxx also acknowledged urging CPD Supt. Eddie Johnson to turn the investigation over the the FBI.

O’Brien also wants a judge outside of Cook County to “decide her request for a special prosecutor.”

The Chicago Tribune reported that “Smollett’s attorneys have objected to the petition” since “special prosecutors may be appointed only if cases are still pending.” They also stated that O’Brien’s petition “would duplicate the efforts of the county inspector general’s office, which already is conducting a review of the prosecution.”

Double Standard

We all knew something was fishy about Foxx’s office dropping the charges against Smollett out of nowhere. It turns out the double standard exists.

Cook County Judge Marc Martin presided “over an unrelated case” when he took shots at “Foxx and her office for creating a situation where anyone charged with filing a false report would expect the same leniency her office afforded Smollett.”

It turns out they don’t. Candace Clark, 21, faces one felony charge of making a false police report…the same charges Smollett faced. From FOX 32:

According to a transcript obtained by FOX 32, Judge Martin hammered prosecutors, asking, “I’d like to know why Ms. Clark is being treated differently than Jussie Smollett. It’s a disorderly conduct case. A lot less egregious than Mr. Smollett’s case. I have a problem with it.”

Prosecutors were demanding that Clark make full restitution of $2,800 and serve deferred prosecution, something not required of Smollett.

“Ms. Clark is not a movie star, she doesn’t have a high-priced lawyer,” said Judge Martin. “And this smells big time. Your office created this mess. There’s no publicity on this case. Press gets ahold of this; it’ll be the newspaper.”

Two Deputies Resigned

Foxx already lost two important people in her office: Ethics office April Perry and Conviction Integrity Unit Director Mark Rotert. Both submitted their resignation letters last week.

Foxx said that Perry was the one within the office that urged her to recuse herself from the case.

Rotert told The Chicago Sun-Times that his decision to resign “had absolutely zero percent to do” with the Smollett case. Perry never responded to the media’s request for comments.


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I assume that yes, a case must be pending for a special prosecutor to be appointed, so a judge must order the case to be reopened along with that. I take it that isn’t much of an issue? The issue is if a judge believes it is egregious enough to warrant such a radical step? Correct me if I’m wrong. I know there’s already a former prosecutor who has petitioned a judge. Is that petition dead because “the case is already closed” and is everyone wasting their time?

    JusticeDelivered in reply to JBourque. | April 29, 2019 at 2:33 pm

    While I would like to see both Foxx and Smollett strung up, hanging Foxx should receive the highest priority.

I think Ms Foxx is about to see the underside of the bus!

This has been around for months now but…

Kamala Harris is Obama’s pick for 2020 Dem nominee. Lots of political forces above Kim Foxx and beyond Rahm Emanuel who could be leaning on her. I hope the investigation goes beyond just setting up a convenient fall guy.

    PersonofInterests in reply to Pasadena Phil. | April 30, 2019 at 10:41 am

    Mr. Obola would do himself good if he starting packing up for a move to a country that does not have an extradition treaty with the U.S. Given that the $400 Million in untraceable palletized currency delivered via a clandestine unmarked airplane at night sitll remains in Iran for his “Pay to Play” Reward, Iran would seem to be a good choice. He could take Val with him to translate when trying to find himself a Bath House or form another Choom Gang.

I’m concerned with the legal process in this story. What standing does O’Brein have to file this petition?

Something made this case stink so strong it stood out even in Cook County. I suspect it was the attempt to seal the files. Nothing says “coverup you can see from orbit” quite as much as that.

The big problem with the Smollett case was that it clearly illustrates that a double standard exists, with regard to influential people. While this has always been the case, it has traditionally been hidden.

Smollett got caught using the CPD to run a scam. He did it in such a way that it was embarrassing to the Illinois power structure. In the past, the DA would have sat down with Smollett, and told him that he had little chance of beating the 16 count indictment. A deal would have been worked out where Smollett would plead guilty, or no contest, to a single misdemeanor count. He would show contrition and still be able to claim victim-hood by saying that the stress of being a gay, Black man drove him to uncharacteristic behavior. The power structure would have gone along and the media would have eaten it up. And, the CPD gave Smollett the perfect out, by seriously overcharging him, thereby making him a sympathetic figure. It would have been no problem for Foxx to consolidate the charges and then allow Smollett to plead to a single count.

But, Foxx was both arrogant and stupid. She bulled ahead and dropped the prosecution against Smollett. The problem with that is that Smollett was never acquitted. The case can be reopened at any time, on all 16 felony counts, especially if it can be shown that Foxx acted improperly.

    stevewhitemd in reply to Mac45. | April 29, 2019 at 4:18 pm

    I suspect that the case was dismissed in such a way that it can’t be reopened, even if it becomes crystal-clear the Ms. Foxx acted like a Chicago pol. Hence, Ms. Foxx will bear the entire brunt of community anger and disgust. This demonstrates just how arrogant and stupid she was — she got her fingerprints all over the shiv and now can’t get clean.

      “I suspect that the case was dismissed in such a way that it can’t be reopened…”

      Could you elaborate on this? I don’t think it is possible to dismiss in such a way, but I may be wrong.

    PersonofInterests in reply to Mac45. | April 30, 2019 at 10:55 am

    I see the hand of The Halfrican and his tranny, Michael, in this. Being the Black Racist that they are, could not stand to see a Black Gay who was only attempting to get a raise in excess of his $1 Million Compensation having to answer for his crimes, especially in Chicago that still to this day values the Al Cappone Style of Justice, i.e., bribing officials and politician works.

    The Jussie Smollett case only served to corroborate all the theories of the Two Tiered Justice System that Barack Obola and his gangsters at the Dept. of Injustice and “Fibbers Bureau of Insurrection” promulgated for 8 long torturous years after politicizing and weaponizing America’s Justice System. So blatantly obvious was the decision by Foxx who is owned by George Soreazz ( that even the CPD and outgoing Mayor, “Dead Fish Rahm”, were shamed.

ScottTheEngineer | April 29, 2019 at 1:56 pm

Smollett’s attorneys have objected to the petition” since…

I object to their objection and since I have just as much to say about the state attorney’s office in Chicago as a couple of lawyers that represent lying scumbags I expect to be heard. Or not.

When I look at that woman, I don’t see a steely-eyed officer of the court.

healthguyfsu | April 29, 2019 at 6:14 pm

Cook County Judge Marc Martin presided “over an unrelated case” when he took shots at “Foxx and her office for creating a situation where anyone charged with filing a false report would expect the same leniency her office afforded Smollett.”

Thus, why Comey, under Obama’s pressure, dropping the charges against Hillary Clinton was such an egregious miscarriage of justice.

This clearly one of the “priviledges” that the Demoncrat political mafia and those on the plantation expect to receive!

smullet’s attorney would likely file some form of double jeopardy defense were a case to go forward on him. He allegedly served some type of community service. kim foxx is potentially in a lot of trouble. We’ve seen a few of her texts, possibly released to show her the writing on the wall and trigger her resignation. There might be more texts involving kamala harris, tina tchen, corey booker and even michelle obama. Anyway, kim foxx is more than likely looking at the end of her career, even jail time for obstruction of justice, corruption and wire-fraud. RodFC asked about standing. Any private person in Illinois can arrest another person for criminal acts. A petition for a special kind prosecutor exposes O’Brien to much less liability (or no liability) compared to a private person’s arrest.

    Barry in reply to CKYoung. | April 29, 2019 at 10:31 pm

    Double jeopardy, no way. That requires a trial to have occurred with a verdict.

      CKYoung in reply to Barry. | April 30, 2019 at 1:39 am

      Accepting a punishment triggers protection via double jeopardy. I’m not sure what the sealed case file will reveal, but my guess is he actually did plea guilty to all 16 counts in exchange for the 16 hours of community service. It would make sense that kim foxx would seal the file so jussy could publicly assert he did not plea guilty, AND to hide her misconduct.

        Barry in reply to CKYoung. | April 30, 2019 at 4:32 pm

        “Accepting a punishment…”

        That requires a trial. A judgement must be rendered before double jeopardy can be used.

        Your “guessing”? Well, with these people anything is possible, but I’d guess you’re way off base here.

    bw222 in reply to CKYoung. | April 29, 2019 at 10:41 pm

    Smollett could still face federal charges for postal law violations. Those would be federal charges and Foxx could not step in and save him.

Burn her double standard ass.

Same old stuff going on in Illinois since the days of “Honest Abe.” Any one. who still believe the”Honest Abe” crap should look into how the state capital ended up on the western boundary of the state. And if I remember correctly, he was responsible for killing more Americans than in all the wars since.