Top Prosecutor Kim Foxx Gets Subpoenaed over Jussie Smollett Case


Kim Foxx, the Cook County State’s Attorney currently in hot water for allegedly mishandling the high-profile Jussie Smollett case, was issued a subpoena this past week in relation to a possible investigation regarding the case.

An initial petition for a special prosecutor came from retired appellate judge Sheila O’Brien in early April.

According to a report by the Chicago Sun Times, O’Brien is responsible for a number of subpoenas filed in relation to the case this week, including two more for Foxx’s deputy, Joseph Magats, and Smollett himself to appear in court as well.

The initial filings from O’Brien indicate that the former judge believes Foxx’s decisions while dealing with the high-profile Smollett case were “plagued with irregularity.”

“Foxx’s conflict in this manner is beyond dispute,” O’Brien wrote, “Foxx misled the public into believing that Smollett’s case was handled like any other prosecution and without influence.”

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O’Brien also asked that Foxx and Magats turn over all documents involved in the case to ensure that “they have not been altered or destroyed and will not be.”

Reports suggest that O’Brien’s initial filings also indicate her belief that Foxx should have immediately pursued a special prosecutor.

Per communications turned over by the attorney, however, it seems that Foxx instead reached out to a relative of Smollett’s and pushed local authorities to hand the case over to the FBI.

Controversy surrounding Smollett had initially arisen in late January when the “Empire” actor alleged that he had been the victim of a brutal hate crime while walking alone at night in Chicago.

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Smollett had initially claimed he was assaulted by two hooded men who beat him, shouted racist and homophobic slurs and doused him in a mysterious substance that smelled like bleach.

The actor also claimed that the men had said, “this is MAGA country” before putting a noose around his neck.

As investigations got underway, local authorities began to recognize irregularities in the story, and eventually came to the conclusion that Smollett had not been telling the truth.

It was also determined that Smollett had likely staged the event, paying off two fellow actors to help him.

Smollett was later charged with more than 15 counts of disorderly conduct for the event and for filing a false police report. Yet, on March 26, Foxx decided not to pursue the charges — without explanation.

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O’Brien suggests in her court filings that further investigation will aid in repairing the public trust by shedding light on whether “justice was not served here, that Mr. Smollett received special treatment.”

According to the Chicago Tribune, hearings are set to take place Thursday, May 2.

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Andrew J. Sciascia was the supervising editor of features at The Western Journal. Having joined up as a regular contributor of opinion in 2018, he went on to cover the Barrett confirmation and 2020 presidential election for the outlet, regularly co-hosting its video podcast, "WJ Live," as well.
Andrew J. Sciascia was the supervising editor of features at The Western Journal and regularly co-hosted the outlet's video podcast, "WJ Live."

Sciascia first joined up with The Western Journal as a regular contributor of opinion in 2018, before graduating with a degree in criminal justice and political science from the University of Massachusetts Lowell, where he served as editor-in-chief of the student newspaper and worked briefly as a political operative with the Massachusetts Republican Party.

He covered the Barrett confirmation and 2020 presidential election for The Western Journal. His work has also appeared in The Daily Caller.