A Cook County judge on Friday ruled that a special prosecutor should further investigate the Jussie Smollett case and how Cook County State’s Attorney Kim Foxx and her office handled the decision to drop charges against the “Empire” actor.
In a stinging critique of Foxx’s office, Judge Michael Toomin wrote in his 21-page order that “the unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public’s confidence in the criminal justice system.”
Toomin’s order gives the special prosecutor a wide-ranging mandate, including further prosecution of Smollett, if warranted, as well as any other crimes that were “committed in the course of the Smollett matter.”
Toomin ruled that Foxx should have requested a special prosecutor when she decided to recuse herself from Smollett’s case in February, shortly before the actor was charged with making a false report to police.
Toomin said Foxx had no power to recuse herself and then assign decision making in the case to her top deputy, Joseph Magats.
“There was no duly elected state’s attorney when Jussie Smollett was arrested. Ms. Foxx had already effected her recusal,” Toomin said, nor was there any legally appointed prosecutor when Smollett was charged, or the charges dismissed.
Toomin expressed concerned about Foxx’s decision to delegate case to Magats.
“There isn’t an office of ‘acting states attorney.’ It existed only . . . in the imagination of Ms Foxx,” Toomin said.
