By Sophie O’Hara | March 8, 2020
Jussie Smollett just suffered another big loss to the courts.
His first loss was on February 11th this year where Smollett was charged with six counts of disorderly conduct after staging a fake hate crime.
Smollett, who is black and gay, told police that two masked men attacked him as he was walking home in the early hours of Jan. 29, 2019. He said they made racist and homophobic insults, beat him and looped a noose around his neck before fleeing, and that at least one of his attackers was a white man who told him he was in “MAGA country,” a reference to President Trump’s campaign slogan, “Make America Great Again.” [Fox News]
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And Smollett just got some more bad news…
The Illinois Supreme Court just shot down Jussie’s efforts to get his charges removed.
Smollett’s lawyers tried to argue that Cook County Judge Michael Toomin overstepped his authority and when he appointed a special prosecutor to the case.
The state’s highest court has rejected actor Jussie Smollett’s attempt to throw out the new charges against him and remove the special prosecutor who brought them.
In an emergency motion to the Illinois Supreme Court, Smollett’s attorneys argued that Cook County Judge Michael Toomin overstepped his authority and misinterpreted the law when he ordered the appointment of a special prosecutor in Smollett’s case last year.
On Friday afternoon, the high court denied the request without explanation.
In their filing, Smollett’s attorneys argued that the particular statute Toomin cited to appoint a special prosecutor can only be invoked if the state’s attorney filed a formal petition for recusal — which Cook County State’s Attorney Kim Foxx 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. Foxx had the right to step away but did not have the right to name her successor, the judge said.
But, Smollett’s attorneys argued, only Smollett himself had grounds to question whether the person who prosecuted him was properly qualified to do so. [Chicago Tribune]
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Good grief.
Why can’t this guy just accept the fact that he got caught in the biggest hoax ever and just take his punishment?
His behavior is truly the epitome of selfishness.
This piece originally appeared on WayneDupree.com and is used by permission.
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