Television star Jussie Smollett may be a celebrity who rubs elbows with the Obamas, but prosecutors treated him the same as anyone else when they dropped all 16 felony charges against him, according to Cook County State’s Attorney Kim Foxx.
In interviews Wednesday with Chicago news outlets, Ms. Foxx said prosecutors opted to drop the charges against Mr. Smollett as part of her office’s “alternative prosecution programs,” based on the nature of the offenses and his lack of a violent criminal history.
“Mr. Smollett was afforded the same opportunity that anyone in Cook County who had a nonviolent offense and the required background would be able to get,” Ms. Foxx told NBC Chicago5.
She denied that he received special treatment, despite emails showing that she intervened last month on behalf of the Smollett family with the police at the behest of Tina Tchen, a onetime aide to First Lady Michelle Obama.
“There was no attempt, whatsoever, to influence the outcome of this case. None whatsoever,” Ms. Foxx told CBS Chicago.
Tuesday’s stunning decision by prosecutors to drop the high-profile case has been widely denounced by police and politicians alike, starting with Chicago Mayor Rahm Emanuel, who called it a “whitewash of justice.”
He argued that Mr. Smollett benefited from his “influence and power” after being charged with orchestrating a hate-crime hoax to advance his career, which the actor, who is gay and black, has denied.
“Unless some better explanation surfaces, here’s the lesson of this weird turn in the Smollett case: You can contrive a hate crime, make it a national news, get caught and — if you are a well-connected celebrity — get off for $10K and have your record expunged and files sealed,” tweeted former Obama administration adviser David Axelrod.
Prosecutors said Mr. Smollett agreed to forfeit his $10,000 bond and perform community service, reportedly logging 16 hours over two days at the Rev. Jesse Jackson’s Rainbow PUSH Coalition.
Ms. Foxx, who was elected in 2016, said the numbers back her up: Her office has processed 5,700 other accused offenders through its alternative prosecution program, likely none as famous as the “Empire” co-star.
“The fact that 5,700 people have come through our diversion alternative prosecution programs speaks to the fact that it’s available for everyone,” she said. “The reality is though that most people don’t know who they are and so you don’t hear their stories. But this is not in any way different than how we’ve treated others who have been charged with similar facts and with the same background.”
Jussie Smollett Case: State’s Attorney Kim Foxx Denies Fixing The Case https://t.co/2oPwhlwxfm pic.twitter.com/DciO679L9v
— CBS Chicago (@cbschicago) March 27, 2019
The Fraternal Order of Police Chicago Lodge 7 has called for a federal investigation into the prosecution’s decision and the involvement of Ms. Foxx, who said Wednesday she removed herself from the case to avoid the appearance of unethical conduct.
Photos show Mr. Smollett has appeared at events with the Obamas, including performing at a White House tribute to Ray Charles in 2016, as well as with prominent Democrats such as Sen. Kamala Harris and Rep. Maxine Waters.
It is quite a mystery how Jussie Smollett suddenly got all the charges dropped in Michelle Obama’s hometown: pic.twitter.com/y7YHD5S6o2
— MARK SIMONE (@MarkSimoneNY) March 26, 2019
Mr. Smollett has a previous brush with the law: He pleaded no contest to three misdemeanor counts stemming from a 2007 DUI arrest in Los Angeles, including giving police a false name by telling them he was his brother Jake. He received three years’ probation, according to Vulture.
“I think when people see this one particular case, it feels like an outlier, when in fact it’s consistent with how we treat people charged with similar offenses with the same background,” Ms. Foxx said.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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