Perhaps the Chicago Way isn’t quite as impenetrable any more as it’s seemed over the past century or so. Once State Attorney Kim Foxx and her friends managed to make Jussie Smollett’s problems go away for him and seal all the records, that looked like the end of the story. But since that time, a new judge has ordered the appointment of a special prosecutor to look into the case and, if justified, bring new charges against Smollett. Given the amount of national attention focused on the case, it began to appear as if there was a certain level of embarrassment that even Chicago couldn’t tolerate.
But don’t count Smollett out just yet. His attorneys were back in court this week, “respectfully requesting” that the order to appoint a special prosecutor be vacated and, failing that, no new charges against their client be allowed. (Daily Wire)
Former “Empire” star Jussie Smollett filed a motion Friday requesting that the court nullify an order last month assigning a special prosecutor to look into the handling of his case after its sudden dismissal by embattled State’s Attorney Kim Foxx.
“Jussie Smollett, by his attorneys, Geragos & Geragos, respectfully requests that this Court grant his Motion, vacate the June 21, 2019 Order, and deny the Petition to Appoint a Special Prosecutor,” reads the filing submitted by his attorneys, Mark Geragos and Tina Glandian, as reported by Deadline Friday…
In another passage of the filing highlighted by Deadline, Smollett’s lawyers state that if their request to drop the prosecutor altogether is denied, they want the scope of the investigation to be narrowed.
In the second section of the filing, Smollett’s attorneys ask that “the Court modify the June 21, 2019 Order to clarify that the special prosecutor may investigate and prosecute potential misconduct only, and may not further prosecute Mr. Smollett for the charges that were previously brought and dismissed against him.”
Translating that from lawyer-speak to English, Smollett’s legal team is first asking that Judge Michael Toomin be overruled and that no new investigation into either Smollett and Kim Foxx dredge up all this unpleasantness again. But if they can’t agree to drop it entirely, they would like assurances in advance that Foxx and her office will take the fall entirely and nobody will come around pestering Smollett for faking the “hate crime” that started this entire mess in the first place.
Just to add a bit more sauce for the goose, Smollett’s attorneys are once again laying the entire blame for the incident on Ola and Abel Osundairo, the two Nigerian brothers who staged the “attack” as well as offering the possibility of a third, as yet unknown conspirator who may have helped them.
You almost have to give Smollett and his legal team credit for some unmitigated gall. The new investigation isn’t even up and running yet and they’re trying to either shut it down or force the court to give them assurances in advance that the actor won’t be charged. Does Smollett really think he has that kind of pull? I’d assumed that they would try claiming some sort of double jeopardy situation leaving the state without any new charges to bring. But asking for a complete Stay Out of Jail Free card before the ball even gets rolling takes some serious chutzpah.