Jussie Smollett |
The federal investigation kicked off one day after the Cook County State’s Attorney’s Office abandoned its 16-count felony indictment against the “Empire” star with no warning and little explanation, reported Chicago ABC affiliate WLS-TV, citing law-enforcement sources.
The report came as State’s Attorney Kim Foxx defended the bombshell decision to walk away from the prosecution — even as she maintained her office had an airtight case.
“Based on the facts and the evidence . . . this office believes that they could prove him guilty,” Foxx told WLS. But she added of prosecutors’ decision to let Smollett walk free with no more than the forfeiture of his $10,000 bail and 16 hours of community service, “I believe this is a just outcome based on the circumstances.”
The latest twist in an already whirlwind saga came as Foxx’s office bizarrely insisted that she did not “formally” recuse herself from the case — she only did so “colloquially.”
The revelation regarding Foxx’s decision last month adds to the growing mystery behind prosecutors’ surprise decision to drop the case.
State’s attorney spokeswoman Keira Ellis said Foxx “informally separated herself from the decision-making over the case” and did so “in an abundance of caution.”
Foxx indicated she was stepping aside because, just days after the Jan. 29 alleged attack, she was put in touch with a member of Smollett’s family through Tina Tchen, a Chicago lawyer and former First Lady Michelle Obama’s chief of staff, and tried to get the FBI to take over the probe.
The case was then passed over to First Assistant State’s Attorney Joe Magats, who announced the dismissal of charges Tuesday but made it clear, “I do not believe he is innocent.”
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