Things aren’t looking good for Cook County State’s Attorney Kim Foxx and her handling of the Jussie Smollett case.
First, Trump announced an investigation by the Justice Department and FBI into the prosecutor’s office.
Second, Foxx backtracked on Thursday, claiming that she never officially recused herself and was simply using the term “recusal” colloquially. She said that despite her own office announcing in February that First Assistant Joe Magats was taking over because Foxx “decided to remove herself from the decision making.”
And now, Cook County Commissioner Sean Morrison wants Foxx to appear before a board of inquiry, according to Fox 32 Chicago reporter Dakarai Turner.
A day earlier, the non-partisan National District Attorney’s Association blasted Foxx’ office’s decision to drop the charges against Smollett, according to CBS News.
In a letter, they wrote, in part:
"First, when a chief prosecutor rescuses him or herself, the recusal must apply to the entire office not just the elected or appointed prosecutor. This is consistent with best practices for prosecutors’ offices around the country.
Second, prosecutors should not take advice from politically connected friends of the accused. Each case should be approached with the goal of justice for victims while protecting the rights of the defendant.
Third, when a prosecutor seeks to resolve a case through diversion or some other alternative to prosecution it should be done so with an acknowledgment on the part of the defendant. A case with the consequential effects of Mr. Smollett’s should not be resolved without a finding of guilt or innocence.
Fourth, expunging Mr. Smollett’s record at this immediate stage is counter to transparency. Law enforcement will now not be able to acknowledge that Mr. Smollett was indicted and charged with these horrible crimes and the full record of what occurred will be forever hidden from public now.
Finally, we believe strongly that hate crime charges should be prosecuted vigorously but the burden of proof should not be artificially increased due to the misguided decisions of others.”
According to Weigel on Thursday, Smollett’s attorneys are not seeking to expunge the case records after having them sealed because doing so would require them to be unsealed.