Cook County State’s Attorney Kim Foxx may have publicly welcomed an independent investigation of her handling of the Jussie Smollett case but it seems Chicago’s top prosecutor is singing a different tune behind the scenes.
Foxx filed a motion Tuesday opposing a request to appoint a special prosecutor in a probe of her office’s handling of the controversial “Empire” actor’s case of staging an alleged hate crime.
Foxx’s office dropped all of the 16 felony disorderly conduct charges against Smollett in Chicago for his role in the fake hate crime which allegedly happened at the end of January, as the actor claimed he was attacked by masked men wearing Make America Great Again hats who doused him with an unknown liquid and put a noose around his neck.
Foxx has been mired in controversy over the scandal for inexplicably dropping the charges against the actor. Foxx and her top deputy were subpoenaed last week for the controversial way the case was handled.
According to the Chicago Sun-Times:
In one of three motions filed Tuesday, Foxx’s office opposed former Appellate Court judge Sheila O’Brien’s request for a special prosecutor to probe the “Empire” actor’s case. The second seeks to quash subpoenas for Foxx and her top assistant, Joseph Magats, and bar O’Brien from requesting further subpoenas. The third motion seeks court permission to allow Foxx’s office and the county inspector general access to records that were sealed at the same hearing where prosecutors dropped all charges against Smollett for allegedly staging a fake hate crime.
Foxx, who along with her top deputy were subpoenaed to appear at a hearing set for Thursday, had recused herself from the Smollett investigation early on but in Tuesday’s filing, prosecutors argued that there was no actual conflict of interest.
O’Brien contends that comments and actions by Foxx created “a perception that justice was not served here, that Mr. Smollett received special treatment.”
Judge files for special Smollet probe, subpoenas Kim Foxx. Kellyanne Conway weighs in on case. https://t.co/qKo0e1PWzi
— Conservative News (@BIZPACReview) April 29, 2019
One of the motions by Foxx argued against the appointment of a special prosecutor, as Foxx maintained that state law prohibits the removal of an elected state’s attorney from a case unless they are “sick, absent or otherwise unable to fulfill his or her duties” or there is an “actual conflict of interest.”
Another motion made the argument that the county inspector general’s office is already conducting an investigation and, as there was no conflict of interest in the Smollett case, there is therefore no need for a special prosecutor.
“The state’s attorney had no actual conflict in this case, nor has petitioner brought forth any facts or evidence of such a conflict,” the motion stated. “What petitioner seeks — an independent inquiry into decision that were made by the State’s Attorney’s Office in this matter — has already been called for by the State’s Attorney herself, and is underway.”
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