Has real privilege in America been discovered?
Fox News legal analyst Andrew Napolitano was astonished by the shocking news that all charges have been dropped against disgraced actor Jussie Smollett, who was facing 16 counts for allegedly orchestrating a hate crime against himself.
“It sounds as if the government has asked to dismiss its own indictment,” Napolitano said Tuesday. “Quite frankly this is almost unheard of.”
The Cook County State’s Attorney’s office said it will not be prosecuting the “Empire” actor for a fake anti-black, anti-gay hate crime in Chicago that he said was committed by Trump supporters, and the judge granted a nolle pros, which basically means the case has been dropped and that he will no longer be prosecuted for the alleged crime, Fox News reported.
Smollet’s motivation was reportedly to drum up publicity for his role in the TV drama.
“The case would be dropped for one of two reasons, either because the government decided that it could not prove the case beyond a reasonable doubt, notwithstanding whatever evidence it has, or because it decided to grant Smollett what’ called deferred prosecution,” Napolitano said.
The prosecutor dismissing its own indictment is not one of the expected options he listed.
“It is either the result of some extraordinary lawyering on the part of his lawyers, or the realization by the government some defect in its evidence it did not know it has at the time it sought and obtained an indictment.
Fox News’ “America’s Newsroom” host Bill Hemmer proposed the possibility the two actors/acquaintances allegedly hired by Smollett may have changed their story and are no longer willing to testify.
Napolitano said the 16 count indictment was “overkill,” adding that it should’ve been just one count — according to the former judge, the police charged Smollett for every time he spoke with them about the events that took place.
“The police were furious they had been played, in their view, and used, by Jussie Smollett,” he said.
While the motivation behind the reversal is unclear, the state’s attorney’s office made a one-sentence statement on the decision, the Chicago Tribune reported.
“After reviewing all of the facts and circumstances of the case, including Mr. Smollett’s volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case,” the statement said.
Smollett’s attorney, Patricia Brown Holmes, said the defense reached no deal with prosecutors, according to the newspaper.
Smollett agreed to forfeit his $100,000 bond “so he could go on with his life and get this over with,” she said.
His legal team still insists that Smollett “was attacked by two people he was unable to identify on January 29th.”
“He was a victim who was vilified and made to appear as a perpetrator as a result of false and inappropriate remarks made to the public causing an inappropriate rush to judgement,” they said in a statement, according to The Tribune.
— Rafer Weigel (@RaferWeigel) March 26, 2019
Even if you believe all of this, Foxx recused herself over apparent conflicts of interest, prompting CPD demands for a federal probe into her. For her to effectively un-recuse and make this call (blindsiding cops) isn’t going to tamp down the corruption angle. https://t.co/ZQtEFk95Pt
— Guy Benson (@guypbenson) March 26, 2019