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What charges does Jussie Smollett face at trial?

CHICAGO (AP) — The twists, turns and oddities of the legal saga surrounding Jussie Smollett’s claim in 2019 that he was the target of a racist and homophobic attack in Chicago have culminated in an actual trial, which enters its first full day of testimony Tuesday.

Initial charges brought in February 2019 that accused the former “Empire” actor of faking the assault were soon after tossed. But in February 2020, after a special prosecutor looked into the case, a new six-count indictment was filed.

Here’s a look at the charges Cook County jurors will hear testimony about:

WHAT ARE THE CHARGES?

The 39-year-old is charged under Illinois’ disorderly conduct statute, which encompasses a wide range of offenses, from making prank 911 calls to placing harassing calls as a debt collector.

He faces six counts of disorderly conduct under a subsection of the law that prohibits false reports to police. Some states don’t categorize false police reports as disorderly conduct.

The charges are listed as class 4 felonies, which are among the least serious felonies in Illinois. But convictions can still carry potential prison time of up to three years.

If jurors convict Smollett, his lack of criminal history and the fact that no one was seriously hurt make actual time behind bars unlikely. It’s more likely that a judge would sentence him to probation and perhaps order him to perform community service.

“I’d be shocked if he spent one day in jail,” said Andrew Weisberg, a Chicago-based criminal attorney and a former Cook County prosecutor.

HOW UNIQUE IS IT FOR SUCH CHARGES TO BE BROUGHT?

The Smollett case is certainly unique in how it involves a star actor and in its sensational claims and counterclaims — first by Smollett, who is Black and gay, that he was the subject of an attack and then by police that he had made it all up.

While it is among the biggest disorderly conduct cases in Illinois history, it’s not the only such case to have made a splash in the news.

A Canadian, Robert Spearing, was charged with disorderly conduct in 2011 after Chicago police said he lied about being beaten and robbed of tickets to an Oprah Winfrey show. He concocted the story, even cutting his own forehead with a rock, to conceal from his wife that he’d never had tickets. He pleaded guilty and did no time in prison.

Disorderly conduct charges for filing a false police report aren’t uncommon and are sometimes tied to insurance fraud. Last week, a man in the Chicago suburb of Wheaton was charged with disorderly conduct for allegedly lying to police that he had been robbed in a parking garage at gunpoint.

Weisberg says those who fib in initial reports to police are frequently quick to recant and often aren’t charged if they take it back immediately. After police accused him of lying, Smollett doubled down and insisted it was all true.

Smollett’s case stands out in that it got to trial at all, Weisberg added. In many cases, those accused of lying to police seek a plea deal or plead guilty without a deal.

WHY SIX COUNTS AGAINST SMOLLETT FOR THE SAME INCIDENT?

Each count of disorderly conduct represents an instance during Jan. 29, 2019, and then on Feb. 14, 2019, in which Smollett allegedly lied to police.

Cook County state’s attorney Kim Foxx’s office declined to pursue charges against Smollett for staging a fake hate crime and tying up police resources in crime-ridden Chicago.

Jussie Smollett

February 28, 2020 (American Thinker) — It’s like a harmonic convergence of progressive villains. Rachel Hinton of the Chicago Sun-Times reports:

A political action committee founded by liberal billionaire philanthropist — and Donald Trump nemesis — George Soros kicked $2 million to a committee supporting Cook County State’s Attorney Kim Foxx in her re-election bid against three Democratic primary challengers.

A mega donor to Democrats and liberal causes, the hedge fund operator’s Democracy PAC transferred $2 million into the Illinois Justice and Public Safety PAC on Wednesday.

By law, a PAC that receives large donations and supports a candidate cannot coordinate with that candidate. So Foxx is not directly receiving the money from Soros, but Soros cash is being dedicated to her re-election as state’s attorney. A re-election that would ratify the cronyism that allowed Jussie Smollett to escape prosecution when Foxx’s office declined to pursue charges against him for staging a fake hate crime and tying up substantial police resources needed elsewhere in the crime-ridden Windy City.




Foxx claimed to recuse herself for “familiarity with potential witnesses” but declined to appoint a special prosecutor, as required when a conflict of interest is present. Instead, she had a subordinate under her direct control take over the case, and that led to the prosecution being declined. Following a public firestorm, including denunciation by Chicago’s chief of police, a special prosecutor was appointed to pursue the case and investigate Foxx.

Now Foxx faces a primary election on March 17 and is adopting a penitent pose. Mark Guarino reports for the WaPo:

In the middle of a video announcing her reelection campaign, Cook County State’s Attorney Kim Foxx did something few Chicago politicians do: She admitted fault.

Foxx had been criticized by President Trump, the Fraternal Order of Police and many Chicagoans for her office’s decision in March to drop all 16 felony disorderly conduct charges against actor Jussie Smollett, who police say staged a racist and homophobic attack involving two men with a noose. Then-Mayor Rahm Emanuel (D) called Foxx’s decision “a whitewash of justice.” Trump characterized it as “a real big scam.”

“Truth is, I didn’t handle it well. I own that,” Foxx (D) said in her two-minute video.

She faces three opponents in the Democrat primary, including one, Bill Conway, with a billionaire father. From the Sun-Times article above:

Conway’s campaign coffers have been bolstered by donations from his dad, William E. Conway Jr., one of the founders of the private equity firm the Carlyle Group. More than 88% of the challenger’s total warchest came from his dad, the Sun-Times found last month.

The senior Conway has a net worth of $3.5 billion, according to Forbes.

poll released two days ago has Foxx and Conway tied at 26% support among Democrats, with the two other challengers getting a total of 10% and 36% undecided. No doubt, the Soros millions will be a big help in a last-minute push by Foxx to grab those undecided votes.

Foxx is the progressives’ choice, favoring all the soft-on-crime initiatives currently all the rage on the Left, as the Chicago Crusader reports:

United Working Families, Real Justice PAC, the Chicago Federation of Labor, Personal PAC, and the Wheeling Township of Democrats have all endorsed Foxx, the first Black female Cook County State’s Attorney who is seeking a second term in office. (snip)

United Working Families Executive Director Emma Tai said in a statement, “As Cook County State’s Attorney, Kim Foxx has fought tirelessly against the root causes of violence and mass incarceration. She has exonerated 80 wrongful convictions, reduced prosecution of low-level offenses, and worked to expunge over 1,000 low-level possession convictions. These measures are essential to undoing the racist legacy and continued harm to communities of color under the failed War on Drugs.”

Real Justice PAC said, “Kim championed alternatives to incarceration and expunged tens of thousands of marijuana convictions. The number of people sentenced to jail or prison dropped by 20 percent. Her record speaks for itself. She is the reformer that Chicago needs.”

Chicago Federation of Labor President Bob Reiter said in a statement: “The Chicago Federation of Labor is proud to endorse State’s Attorney Kim Foxx in her campaign for re-election. While there is still much work to be done to help lift up communities that face social inequity, Kim has worked tirelessly towards making sure our criminal justice system works for everyone.”

“The only way we can continue our work to protect women’s rights is with progressive-minded elected officials by our side. Kim Foxx is that elected official that we can count on,” said Personal PAC President and CEO Terry Cosgrove in a statement. “She is a warrior for women and part of the Personal PAC community. We proudly support her bid for re-election.”

Wheeling Township Democrats: “State’s Attorney Kim Foxx has been a leader, and national example, of what real criminal justice reform looks like. She delivers true justice and equity to Cook County families and we know she will continue to do that work for the next four years. We’re proud to join her in this re-election campaign and provide our endorsement,” said Representative Mark Walker, committeeman for Wheeling Township Democrats.

Soros’s late entrance into funding Foxx must indicate worry that Chicago could actually turn sensible in the wake of the Smollett fiasco.

American Thinker

Jussie Smollett ‘developed a secret plan’ for hate crime on himself, prosecutor says as opening statements begin in actor’s trial

After years of controversy and roller-coaster twists and turns, the trial of Jussie Smollett began Monday with prosecutors alleging the actor faked a hate crime that grabbed the nation’s attention.

Smollett “developed a secret plan that would make it appear that there was actually a hate crime that actually occurred against him by supporters of Donald Trump,” special prosecutor Dan Webb told jurors.

Fake Chicago Atack Empire Star

It was not just a crime, Webb said, but a despicable act “to denigrate something as serious as a hate crime and then just report one occurred when it didn’t occur.”

Chicago police “reacted swiftly” to Smollett’s allegation, Webb said, putting the “full force” of the department on the case. At one point they had 26 officers and detectives working it, tallying over 3,000 man hours, according to Webb.

Webb began his opening statement Monday evening after about six hours of jury selection, during which 15 people — 12 jurors and three alternates — were chosen to hear Smollett’s case.

Those selected for the panel included a woman who says she’s watched “Empire” before and likes to drag race in her spare time, a man who emigrated from Iraq 12 years ago and works for a credit union, and a woman from west suburban Bartlett who’s a counselor at a behavioral hospital.

Another juror, a man from Lincoln Park who appears to be in his 30s, works in the health care information field. Also selected was a man originally from Canada who manages a store and man who appears to be in his 60s and works in sales. Another person selected, a woman in her late 60s, said her husband, brother and father are all retired police officers.

Judge James Linn has said he may let evidence continue until 7 p.m. before recessing for the day.

The case brings with it immense baggage, including what became a political crisis of sorts for Cook County State’s Attorney Kim Foxx and the appointment of special prosecutor Dan Webb to handle the case. But jurors will be tasked with determining a far narrower question: Did Smollett in fact orchestrate a phony hate crime on himself, then lie to police about being a victim?

In his first round of questioning, Linn had asked specifically whether jury candidates had heard about the case in the news, seen “Empire,” watched the celebrity gossip site TMZ, or belong to any civil rights or anti-police groups.

Several Chicago Police Department sources have released information that the two brothers arrested and questioned in the Jussie Smollett case told detectives they were paid by the “Empire” actor to orchestrate an attack.

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The sources say the brothers claimed they were paid by Smollett. The brothers’ attorney said both knew Smollett.

Police found a receipt for the rope found on Smollett’s neck in the brothers’ possession showing they had purchased it from an Ace Hardware in Chicago.

The two brothers were released by the police once they agreed to cooperate with police, after detectives said they would charge them with battery. Chicago Police spokesman Anthony Guglielmi confirmed detectives have reached out to Smollett’s attorneys and expressed that they need to talk with Smollett.

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George Soros banks $2M to re-elect prosecutor who bailed out Jussie Smollett | Loungtastic

Cook County state’s attorney Kim Foxx’s office declined to pursue charges against Smollett for staging a fake hate crime and tying up police resources in crime-ridden Chicago.

Jussie Smollett

February 28, 2020 (American Thinker) — It’s like a harmonic convergence of progressive villains. Rachel Hinton of the Chicago Sun-Times reports:

A political action committee founded by liberal billionaire philanthropist — and Donald Trump nemesis — George Soros kicked $2 million to a committee supporting Cook County State’s Attorney Kim Foxx in her re-election bid against three Democratic primary challengers.

A mega donor to Democrats and liberal causes, the hedge fund operator’s Democracy PAC transferred $2 million into the Illinois Justice and Public Safety PAC on Wednesday.




By law, a PAC that receives large donations and supports a candidate cannot coordinate with that candidate. So Foxx is not directly receiving the money from Soros, but Soros cash is being dedicated to her re-election as state’s attorney. A re-election that would ratify the cronyism that allowed Jussie Smollett to escape prosecution when Foxx’s office declined to pursue charges against him for staging a fake hate crime and tying up substantial police resources needed elsewhere in the crime-ridden Windy City.

Foxx claimed to recuse herself for “familiarity with potential witnesses” but declined to appoint a special prosecutor, as required when a conflict of interest is present. Instead, she had a subordinate under her direct control take over the case, and that led to the prosecution being declined. Following a public firestorm, including denunciation by Chicago’s chief of police, a special prosecutor was appointed to pursue the case and investigate Foxx.

Now Foxx faces a primary election on March 17 and is adopting a penitent pose. Mark Guarino reports for the WaPo:

In the middle of a video announcing her reelection campaign, Cook County State’s Attorney Kim Foxx did something few Chicago politicians do: She admitted fault.

Foxx had been criticized by President Trump, the Fraternal Order of Police and many Chicagoans for her office’s decision in March to drop all 16 felony disorderly conduct charges against actor Jussie Smollett, who police say staged a racist and homophobic attack involving two men with a noose. Then-Mayor Rahm Emanuel (D) called Foxx’s decision “a whitewash of justice.” Trump characterized it as “a real big scam.”

“Truth is, I didn’t handle it well. I own that,” Foxx (D) said in her two-minute video.

She faces three opponents in the Democrat primary, including one, Bill Conway, with a billionaire father. From the Sun-Times article above:

Conway’s campaign coffers have been bolstered by donations from his dad, William E. Conway Jr., one of the founders of the private equity firm the Carlyle Group. More than 88% of the challenger’s total warchest came from his dad, the Sun-Times found last month.

The senior Conway has a net worth of $3.5 billion, according to Forbes.




poll released two days ago has Foxx and Conway tied at 26% support among Democrats, with the two other challengers getting a total of 10% and 36% undecided. No doubt, the Soros millions will be a big help in a last-minute push by Foxx to grab those undecided votes.

Foxx is the progressives’ choice, favoring all the soft-on-crime initiatives currently all the rage on the Left, as the Chicago Crusader reports:

United Working Families, Real Justice PAC, the Chicago Federation of Labor, Personal PAC, and the Wheeling Township of Democrats have all endorsed Foxx, the first Black female Cook County State’s Attorney who is seeking a second term in office. (snip)

United Working Families Executive Director Emma Tai said in a statement, “As Cook County State’s Attorney, Kim Foxx has fought tirelessly against the root causes of violence and mass incarceration. She has exonerated 80 wrongful convictions, reduced prosecution of low-level offenses, and worked to expunge over 1,000 low-level possession convictions. These measures are essential to undoing the racist legacy and continued harm to communities of color under the failed War on Drugs.”

Real Justice PAC said, “Kim championed alternatives to incarceration and expunged tens of thousands of marijuana convictions. The number of people sentenced to jail or prison dropped by 20 percent. Her record speaks for itself. She is the reformer that Chicago needs.”

Chicago Federation of Labor President Bob Reiter said in a statement: “The Chicago Federation of Labor is proud to endorse State’s Attorney Kim Foxx in her campaign for re-election. While there is still much work to be done to help lift up communities that face social inequity, Kim has worked tirelessly towards making sure our criminal justice system works for everyone.”

“The only way we can continue our work to protect women’s rights is with progressive-minded elected officials by our side. Kim Foxx is that elected official that we can count on,” said Personal PAC President and CEO Terry Cosgrove in a statement. “She is a warrior for women and part of the Personal PAC community. We proudly support her bid for re-election.”

Wheeling Township Democrats: “State’s Attorney Kim Foxx has been a leader, and national example, of what real criminal justice reform looks like. She delivers true justice and equity to Cook County families and we know she will continue to do that work for the next four years. We’re proud to join her in this re-election campaign and provide our endorsement,” said Representative Mark Walker, committeeman for Wheeling Township Democrats.

Soros’s late entrance into funding Foxx must indicate worry that Chicago could actually turn sensible in the wake of the Smollett fiasco.

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