Jussie Smollett’s luck has changed, Illinois Supreme Court issues first major blow

(KSAZ video screenshot)

An attempt by disgraced Hollywood actor Jussie Smollett to evade the justice owed to him has failed.

Last month, special prosecutor Dan Webb, a former U.S. attorney who was assigned in August to reexamine the actor’s case, confirmed that a grand jury had “returned a six-count indictment charging Jussie Smollett with making four separate false reports to Chicago Police Department officers related” to the fake hate crime he’d perpetrated.

Following Webb’s announcement, the actor’s attorneys filed an emergency motion with the Illinois Supreme Court requesting that both the indictment and Webb’s appointment as special prosecutor be thrown out.

Last Friday, the court responded by instead throwing out the actor’s phony motion. Members of the public, in turn, responded by cheering, as they have grown increasingly exasperated by his refusal to take responsibility for his actions.


According to the Chicago Tribune, Smollett’s motion was based on the dubious claim that Cook County Judge Michael Toomin had erred in appointing Webb as special prosecutor.

However, that dubious claim would only have been valid had disgraced Cook County State’s Attorney Kim Foxx formally recused herself from the case. But she never did.

“Foxx withdrew from the case last year in what she termed a ‘colloquial’ recusal, then assigned her top deputy to handle the matter, which Toomin said rendered the entire prosecution invalid,” the Tribune noted. “Foxx had the right to step away but did not have the right to name her successor, the judge said.”

It appears the facts were so obvious that the court didn’t even explain its reasoning in its ruling Friday, as can be seen in the pithy order seen below:

“Emergency motion by Movant to stay proceedings in the Circuit Court of Cook County, in case No. 20 CR 3050, pending disposition of motion for a supervisory order. Denied,” it reads.

Thanks to the court’s ruling, Smollett will reportedly be back in court on March 18 for the next hearing in his indictment case.

If convicted on the Class IV felonies he currently faces, he could be looking at a stint in prison. According to local station WBBM legal analyst Irv Miller, however, he could potentially benefit from a deferred prosecution if he simply fesses up.

“But I think the big criteria for the prosecutor on that is, will he admit he did it? And will not consider deferred prosecution if he won’t admit he did it,” Miller said. “He could also get probation, and he could also get possibly a one- to three-year sentence in the Illinois Department of Corrections, which I do not think will happen in this case.”

While that may be the case, the hope is nevertheless that he does wind up facing time in prison given all the damage he’s caused not only to Chicago but to the nation as a whole.



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