Chicago State’s Attorney Kim Foxx and her office completely botched the Jussie Smollett case, a judge ruled Friday as he appointed a special prosecutor who could bring new criminal charges against the actor.
In a scathing ruling, Judge Michael Toomin wrote Smollett’s case was rife with “unprecedented irregularities” that warrant the appointment of independent counsel “to restore the public’s confidence in the integrity of our criminal justice system” after a series of questionable moves from Foxx’s office.
That independent counsel could bring new criminal charges against Smollett, Toomin wrote.
“If reasonable grounds 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.
Because Smollett was never acquitted or found guilty of a crime, he could still be tried in the case.
In the ruling, Toomin scolded Foxx’s office’s handling of the case and how far it deviated from standard practice.
“Jussie Smollett’s case is truly unique among the countless prosecutions heard in this building. A case that purported to have been brought and supervised by a prosecutor serving in the stead of our duly elected State’s Attorney, who in fact was appointed a fictitious office having no legal existence,” Toomin wrote.
The judge was referencing Foxx’s decision to “colloquially recuse” herself from Smollett’s case and appoint her top deputy, Joseph Magats, in her stead after it was revealed she’d texted with members of Smollett’s family about the investigation and promised to help them.
“It is also a case that deviated from the statutory mandate requiring the appointment of a special prosecutor in cases where the State’s Attorney is recused,” Toomin went on.
“Here, the ship of the State ventured from its protected harbor without the guiding hand of its captain. There was no master on the bridge to guide the ship as it floundered through uncharted waters. And it ultimately lost its bearings.”
The Post reported on Foxx’s questionable handling of the case in April after obtaining internal emails through a public records request. The emails showed Foxx’s top staffers were told she couldn’t appoint Magats in her place after she was found texting with Smollett’s relatives about the investigation — and a special prosecutor would need to be appointed to avoid ethical or legal violations.
Foxx’s office claimed to The Post she was not alerted by her staffers that she didn’t have the authority to appoint Magats — but a source in the office later told The Post that Foxx was aware.
Foxx’s then-chief ethics officer April Perry and Magats even prepared a special prosecutor’s order after they were told Magats couldn’t take Foxx’s place, but the order was never filed, public records show.
Still, Foxx claimed in a statement following Toomin’s decision that she followed “the advice and counsel of my then Chief Ethics Officer” and didn’t return a follow-up request for comment about how Perry prepared a special prosecutor’s order with Magats. If she had followed Perry’s advice, a special prosecutor would’ve been appointed long before charges were dropped against Smollett.
“I respectfully disagree with the court’s conclusion that, in the absence of any conflict, the appointment of a special prosecutor is required,” Foxx’s statement went on.
Smollett’s representatives did not return a request for comment.
Smollett was charged in February with 16 counts of felony disorderly conduct for allegedly faking a hate crime against himself in January. Prosecutors unexpectedly dropped all charges against the actor in March.