What the heck just happened? The charges of disorderly conduct (in Illinois filing a false police report is disorderly conduct) against Jussie Smollett have been dropped. The Sun-Times reports:
Prosecutors on Tuesday dropped charges against “Empire†actor Jussie Smollett that accused him of staging a hate-crime attack against himself.
The actor was indicted March 8 with 16 counts of disorderly conduct for allegedly hiring two men to attack him near his Streeterville home in January. The $10,000 posted for Smollett’s bond will be turned over to the City of Chicago Law Department.
The hearing lasted less than 5 minutes. Cook County Circuit Judge Steven G. Watkins sealed the case file.
Here’s the telling quote in the piece:
First Assistant State’s Attorney Joseph Magats said the decision to drop the charges was not a statement that Smollett did not, as police and prosecutors said when the actor was charged, pay his assailants to fake the attack and then falsely report the incident to police and detectives.
Asked if the dropped charges meant the actor was, in fact, the victim of a crime, Magats was emphatic.
“Absolutely not. We stand behind the CPD investigation done in this case, we stand behind the approval of charges in this case,†Magats told the Sun-Times. “They did a fantastic job. The fact there was an alternative disposition in this case is not and should not be viewed as some kind of admission there was something wrong with the case, or something wrong with the investigation that the Chicago Police did.â€
Before we conclude that Smollett’s case is, like Schrödinger’s cat, simultaneously dead and alive, I think there’s an interpretation that explains the decision to drop charges. Under Illinois statute the state’s ability to seek damages and penalties is quite limited, in all likelihood far less expensive than pursuing the case would be. Is it possible that the decision not to pursue the charges is actually a cost-saving measure?
“Is it possible that the decision not to pursue the charges is actually a cost-saving measure.”
Sure. Is it possible Dave Schuler is an ax murderer? Sure. But with all consideration, I’m not buying it.
Follow the Foxx………..
“an alternative disposition in this case”
Mental health assessment and treatment?
Can they seek that without pursuing the case? Wouldn’t that just be wishful thinking?
I don’t know. I believe there are provisions for people with minor, first-time drug offenses to avoid conviction through treatment, usually though I think that involves entering a plea, compliance with the plea agreement, and then the conviction is vacated.
Can they avoid Smollett’s inevitable defamation of character lawsuit, career and reputation damaged? His charge of racially motivated attack by Trump supporters stands. Abetted by a modern lynching by CPD.
He pulled it off!
Part of my issue is that if the proceedings have been sealed, then we don’t necessarily know if the description we’re given is true. And the reason I gravitate towards mental issue (or drug addiction issues) is that the justice system doesn’t necessarily attribute full culpability to these and it would be surprising if leniency is given in exchange for treatment. The timeframe for treatment is too long though, so the only way this makes sense is that a sealed order contemplates the charges being dropped once compliance is met. They haven’t technically been dismissed, but if it is assumed that compliance is going to be met, then its just a little bit evasive to characterize as a dismissal.
That said, its sounds more like he gave money or service hours to Jesse Jackson as an alternative to punishment.
Another possibility, the state knows the feds are coming down with charges and decided to cash-out.
From the brief official statement:
Since it’s sealed there’s no way to tell if he pled guilty unless there’s an additional public statement. It seems to me that a failure on Smollett’s part to plead guilty should be a deal-breaker—anything else leaves the city exposed.
I would also say that Mr. Smollett’s continued protestations of innocence strongly suggest that he did not plead guilty. If he turns around and sues the city, I think that Ms. Foxx should be disbarred for legal malpractice.
Smollett’s attorney denies there was any deal. I’m not sure how that squares with his agreement to release the bond, so words are being used precisely or simply abused. No deal is important because a lot of process can be agreed to, if both sides (and the judge agree). Also important consideration for the order to seal the record; if it wasn’t a consideration required by the accused for the deal, then the record can simply be unsealed by the prosecutor, right? What could a prosecutor have to hide?
The other odd thing is the 16 count indictment released a few weeks ago. That took a lot of work, and now they walk away? You do that kind of work to force a plea. A prosecutor can also use the grand jury to privately vet credibility issues in the event there are concerns that the case has problems.
The best speculation I’ve read is that the prosecutor botched the case somehow and wants to hide that fact because nobody would believe it was an innocent mistake.
Isn’t Foxx an elected official? Perhaps someone should monitor future donations to her campaign.
Mostly Soros organizations. IMO she’s an incompetent, unfit to hold public office.
Let’s see. Smollet friends with K Harris. Obama’s. You figure it out.
Community service with J Jackson’s org. Right…..
BTW – the US mail aspect of this means it may not be closed.
The Obamas, Kamala Harris and other leading blacks actively intervened in the case. Another example of black privilege in the US.
From “Trading Places”
It was Obama! It was Obama!
“Another example of black privilege in the US.”
Yeah. Wish white people earned as much money as black people.
Since this thread looks done, a little surprised you didnt comment upon Trump deciding to try to use the courts to overturn Obamacare. Bagley wrote a nice piece on this. Besides the health care issues, is it good that the executive branch is deciding to not enforce and actively seeking via the courts to overturn existing law?
Steve
Every administration of at least the last 40 years has tried to get the Supreme Court to do its dirty work for it with varying levels of success. I’ve written about the issue before and wasn’t much interested in revisiting it.
The basic question is one of severability. I doubt the SCOTUS will rule to overturn the whole law based on the unconstitutionality of a single part especially taking the legislation’s treatment of severability into account but who knows? Not much use in speculating on it IMO.
Under the circumstances that’s a bizarre comeback to a weird comment. Mr. Smollett was earning $125,000 per episode of Empire. If he appeared in all of a season’s episodes, that meant he was earning in the neighborhood of $2 million per year, excluding any other paid appearances, endorsements, etc. That’s more than I make, how about you?
We are a plutocracy. There is wealth privilege and it doesn’t make a great deal of difference what your race or religion is.
Additionally, of Hollywood’s highest-paid ten actors at least three are black.
BTW, you might be interested in this report from the St. Louis Fed. As it turns out most of the discrepancy between white or Asian incomes and wealth on the one hand and black and Hispanic on the other are attributed to behavior. That’s normalized by age and education.
That matches what I’ve been told by black financial planners. Blacks have higher levels of debt and lower savings at every income level.
Please note that I’m not claiming that prejudice and bigotry do no exist or are unimportant. What I’m saying is that it’s good to be rich and lousy to be poor and black. I do not know by what stretch of the imagination Mr. Smollett is a victim of bigotry.
I heard earkier that the CPD released everything they had on the case, on the assumption (a-hem), that the ‘gag’ order only appkied to the DA’s office, not to them or the city. If so, this will be really fun!
This case has gone full wack-job nuts. Watching it is literally like turning over a rock and watching all the ugly creatures underneath scurrying about and scrambling to get out of the light. WTH are they trying to do and WTH are they trying to cover for? This makes the accusations in the Trump dossier look normal by comparison. How did Smollett, Foxx, et al graduate from kindergarten?
There are presently two theories going around. One is that the States Attorney entered into some sort of corrupt agreement. The other is that the States Attorney somehow screwed the pooch on the case and is trying to cover it up.
This is complicated because the present States Attorney used to be Toni Preckwinkle’s chief of staff and Preckwinkle is in a tight race to be mayor.