*Jussie Smollett is in the crosshair’s of a Chicago judge who on Friday appointed a special prosecutor to look into the actor’s case which could mean new charges against him.
In other words, Smollett has a whole new reason to be concerned because he could actually be prosecuted for allegedly faking the now infamous attack on the streets of Chicago.
From a legal standpoint, it means that a special prosecutor could “further prosecute Smollett” if the office deems it “in the interest of justice,” according to a Chicago Tribune report.
You see, Smollett was never acquitted or found guilty of a crime, so he could still be tried in the case.
The judge (Michael Toomin) also ruled that State’s Attorney Kim Foxx did not have the legal authority to “colloquially recuse” herself and appoint her top deputy — Assistant State’s Attorney Joseph Magats — in her stead, the Tribune’s report stated.
Here’s more via Page Six:
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 she didn’t have the authority to appoint Magats — but a source in the office later told The Post that Foxx was told.
The prosecutor’s office did not return a request for comment, nor did Smollett’s representatives.
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.