Equal Justice Under The Law?

CBS News reported the following on Wednesday:

Jussie Smollett walked out of a Chicago prison on Wednesday night. An appeals court earlier cleared the way for his release, ordering the actor be released from jail after posting a personal recognizance bond of $150,000, and pending the appeal of his conviction for lying to police about a racist and homophobic attack.

…Smollett’s attorneys had argued that he would have completed the sentence by the time the appeal process was completed and that Smollett could be in danger of physical harm if he remained in jail.

…He (Smollett defense attorney Nenye Uche) criticized the special prosecutor’s decision to charge Smollett again after the initial charges were dropped by Cook County State’s Attorney Kim Foxx and he paid a fine. He also called Judge James Linn’s sentence excessive for a low-level felony, adding that the appellate court doesn’t “play politics.”

“The real question is: Should Black men be walked into jail for a class 4 felony? Shame on you if you think they should,” Uche said.

The office of the special prosecutor called the claim that Smollett’s health and safety were at risk “factually incorrect,” in a response to his motion, noting that Smollett was being held in protective custody at the jail.

I hate to be difficult (but I am good at it), but what difference does it make that Jussie Smollett is black? What is the normal sentence for a class 4 felony? The color of the person who committed the crime should have absolutely no bearing on the sentence!

Now let’s contrast this event with another recent event.

On March 7th, Red State reported the following:

You don’t see this very often in federal court, but one of the January 6 (J6) Defendants, Lucas Denney, is being held illegally. He was arrested in Texas on December 13, 2021, and brought before a federal magistrate, who ordered him detained without bond on a criminal Complaint. It then took six weeks to transfer him to DC, where he is currently being held. He has not appeared before a federal judge in DC since his arrival, although that will change Monday afternoon as a result of his lawyer seeking his release.

The article at Red State concludes:

And Denney’s case shows that apparently no one at DOJ, either at the U.S. Attorneys’ Office in D.C., at Main Justice, or in the U.S. Marshal’s Service, is paying attention to (or better yet tracking) these outside-of-D.C. pre-trial detention cases to ensure that the detainees are receiving all of the due process protections to which they are entitled and that the constitutional and statutory deadlines are met. Since it is the DOJ J6 prosecution team that is ordering arrests (instead of voluntary surrenders) and demanding detentions and transfers (instead of seeking reasonable conditions for pre-trial release), the failure to comply with the Constitution, the criminal code, and the Rules of Criminal Procedure rests entirely at the feet of the DOJ.

The operative principles and rules for these early proceedings in criminal cases are not obscure, complex, or ambiguous. Competent prosecutors have no excuse for not knowing that Rule 5 requires that the Preliminary Hearing take place in the district where the Initial Appearance occurs, that it must be held within 14 days of that Initial Appearance, that there is no such thing as two “Initial Appearances,” and that the Speedy Trial Act requires an indictment to be filed within 30 days of arrest.

The entire episode is an unmitigated disgrace.

We have become a banana republic.

Poetic Justice

On Monday, The Western Journal posted an article about the Jussie Smollett case. It seems that one of the really critical mistakes Mr. Smollett made in staging his fake hate crime was one that as an actor he should have easily avoided.

The article reports:

It’s surprising, even for a man who’s spent so much of his career in front of a camera, that Jussie Smollett was upset the most infamous moment in his life wasn’t caught on camera.

Was it his undoing? Would it have led to his downfall sooner? It’s unclear, but prosecutors say one thing foiled Smollett’s original plan to create the perfect “hate crime” — the direction of a camera on the street.

(The Western Journal was one of the first outlets to point out the holes of the Smollett case in 2019 — and we kept fighting the system after he received little more than a slap on the wrist from prosecutors who wanted the case to go away.

In testimony last week, Chicago police Detective Kimberly Murray told the court the former “Empire” actor seemed to be “upset” when he was told the attack hadn’t been recorded on camera, according to WMAQ-TV.

Smollett, who had been questioned by Murray on the morning he reported the January 2019 incident, said two men had beat him up in a racist, homophobic attack while he was returning from a sandwich run. He’s now standing trial for six counts of felony disorderly conduct after reporting what’s alleged to be a hate crime hoax — one he orchestrated thinking there would be a camera there to record it.

Murray, according to WMAQ, “said Smollett was ‘upset’ when she told him a surveillance camera in the area didn’t capture the alleged attack because it was pointed away from the scene. Murray said she explained to the actor that the cover on the pod camera makes it impossible to know which way it is pointing.”

The real clue that the attack was staged was Mr. Smollett’s claim that his attackers yelled, “This is MAGA country!” No one in Chicago who values his life is going to yell that–even if he believes it!

This Might Explain Some Of The Problems In Chicago

Yesterday Breitbart posted an article about Cook County State’s Attorney Kim Foxx.

The article reports:

Cook County State’s Attorney Kim Foxx has dropped over 25,000 felony cases, including charges of murder and the alleged hate crime hoax from former Empire star Jussie Smollett, according to an analysis released by the Chicago Tribune on Monday.

The article quotes the Chicago Tribune:

During Foxx’s first three years as the county’s top prosecutor, her office dropped all charges against 29.9% of felony defendants, a dramatic increase over her predecessor, the Tribune found. For the last three years of Anita Alvarez’s tenure, the rate was 19.4%.

In all, a total of 25,183 people had their felony cases dismissed under Foxx through November 2019, up from 18,694 for a similar period under Alvarez.

[…]

For the three-year period analyzed, Foxx’s office dropped 8.1% of homicide cases, compared with 5.3% under Alvarez, the Tribune found. Under Foxx, the office dropped 9.5% of felony sex crime cases; the rate was 6.5% for Alvarez.

The article at Breitbart continues:

In a statement to the Tribune, Foxx, who is up for reelection in November, said of the figures: “It is always eye-opening to be able to look at our own data and compare it to my predecessor’s past. I can’t reconcile what her decision-making was, and how they chose to (dismiss) cases in the past. But I will say that this administration has been clear that our focus would be on violent crime and making sure that our resources and attention would go to addressing violent crime.”

If you are trying to make sense out of this, you might want to look at one of the contributors to Foxx’s reelection campaign.

In February 2020, The Chicago Sun Times reported:

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.

The justice and public safety PAC has so far spent $571,359.30 on mail, media and website production costs opposing Bill Conway, one of Foxx’s primary challengers.

George Soros is on a mission to undermine to government of America in order to further plans for a one-world government. He has funded the campaigns of a number of District Attorneys and State Attorneys General in order to do that. His campaign contributions were a major part of the Democrats’ takeover of the Virginia government in the last election. That takeover has brought restrictive gun laws and other problems. George Soros is an American citizen and can legally donate to campaigns both as an individual and through Political Actions Committees (PACs). I have no doubt he will continue to do so until Americans get wise to what he is attempting to do.

This Is Appropriate

Fox 32 in Chicago is reporting that actor Jussie Smollett was indicted today in Chicago by special prosecutor Dan Webb, stemming from the alleged racist and anti-gay attack on him that occurred in January of 2019.

The article reports:

Smollett is due in court February 24 at the Criminal Court Building at 26th and California. He is indicted on six counts, accused of lying to Chicago police when he reported the attack last year, special prosecutor Webb said. Smollett faces six counts of disorderly conduct.

Mr. Smollett’s story was fishy from the start. As I am sure you remember, Jussie Smollett claimed to have been attacked by two Trump supporters wearing MAGA hats and shouting racial slurs. The attackers were also accused of shouting, “This is MAGA country.” That in itself should have raised suspicions–does anyone really believe that Chicago is MAGA country?

The article reports:

“Dan K. Webb, special prosecutor for Cook County, today announced that the Office of the Special Prosecutor (“OSP”) has now completed all of its investigative steps regarding Jussie Smollett, and has made the decision to further prosecute Mr. Smollett. Based on the recommendation of the OSP, a Cook County grand jury returned a six-count indictment charging Jussie Smollett with making four separate false reports to Chicago Police Department officers related to his false claims that he was the victim of a hate crime, knowing that he was not the victim of a crime,” Webb said in a statement.

Please follow the link to the article to read the details of the case.

Maybe There Are Some People In Chicago Who Are Not Corrupt

The Washington Free Beacon posted an article yesterday about the latest news on the Jussie Smollett case.

The article reports:

An Illinois judge assigned a special prosecutor to investigate the alleged hate crime hoax carried out by Empire star Jussie Smollett and the handling of the case by the state’s attorney’s office.

Cook County state’s attorney Kim Foxx came under scrutiny for the deal reached with Smollett, who did not admit to guilt and forfeited his bail in return for charges being dropped. Despite having claimed to have recused herself and handing it to an “acting state’s attorney,” Foxx later claimed she never formerly recused herself and the announced recusal was only “in a colloquial sense.”

But Judge Michael Toomin of the Cook County circuit ruled Friday there is no provision in Illinois law for an “acting state’s attorney,” and that Foxx was supposed to allow a judge to appoint a special prosecutor. The case was therefore prosecuted by “a fictitious office having no legal existence.”

“Although disqualification of the duly elected State’s Attorney necessarily impacts constitutional concerns, the unprecedented irregularities identified in this case warrants the appointment of an independent counsel to restore the public’s confidence and integrity of our criminal justice system,” Toomin wrote.

There are some serious questions as to what exactly happened during the supposed hate crime reported by Mr. Smollett. It is nice to see that the city of Chicago is attempting to answer those questions.

Promises Made, Promises Broken

Yesterday Hot Air posted an article about the latest twists and turns in the Jussie Smollett case. The article notes that two days ago Kim Foxx told the media that she thought the court had sealed Smollett’s court file due to a misunderstanding and that it would be unsealed once the error was recognized. Well, things have changed.

The article reports:

The state prosecutors’ association also faulted Cook County prosecutors for not objecting to a defense request to immediately seal the court file at Tuesday’s brief, unannounced hearing. By Tuesday evening, all traces of the case had been deleted from court records.

In an interview Wednesday with the Tribune, Foxx said she believed the case file had only been sealed due to a misunderstanding — and that the seal did not apply to the entire court file. Nevertheless, she said, the case file would be unsealed.

However, on Thursday, an office spokeswoman backed off that claim, saying the case file would remain under seal in its entirety by court order.

The Chicago Tribune ran to court yesterday to try to prevent Smollett’s lawyers from moving to expunge his file, which conceivably would mean all records related to the case getting destroyed. Smollett’s lawyers insisted they won’t try to do that — surely you trust them — and the presiding judge assured the Tribune’s attorneys that records wouldn’t be destroyed even if the file ultimately was expunged. “That isn’t what we do in Cook County,” he said.

So, look out next week for the inevitable headline, “SMOLLETT RECORDS DESTROYED AFTER FILE EXPUNGED; FOXX KNOWS NOTHING.”

Stay tuned.

 

 

Unequal Justice?

The U.K. Daily Mail posted an article today about Jussie Smollett, who recently claimed to have been attacked in Chicago by Trump supporters. (Trump supporters in Chicago?) Smollett was facing 48 years behind bars on 16 felony charges for allegedly lying about the attack. The Bond Proffer is included in the article and makes for very interesting reading.

Evidence points to the fact that the attack was staged and that two of Smollett’s fellow actors were paid (by check) to help stage the attack.

The article states:

The charges against Jussie Smollett have been sensationally dropped and a judge has sealed the case after the actor agreed to pay $10,000 in bond forfeiture. 

The Empire actor appeared in Chicago on Tuesday for an emergency hearing after his lawyers announced the news in a statement.  

Smollett, 36, was facing up to 48 years behind bars on 16 felony counts of filing a false police report.   

On Tuesday, the charges were dropped after Smollett agreed to forfeit his $10,000 bond. 

It remains unclear what prompted the decision but the Cook County’s State’s Attorney’s office said it was due in part to Smollett’s ‘volunteer service in the community.’  

I don’t mean to be cynical here, but this does not increase my faith in justice in Chicago.

I am not sure any purpose would have been served by sending Smollett to jail for 48 years. However, I wonder if Joe Sixpack would have gotten the same treatment. It is interesting to me that the judge has sealed the case after the $10,000 payment.

The Story Was Told Far And Wide. How Far Will The Truth Travel?

CBS Chicago posted an article yesterday about the attack on Jussie Smollett. It seems that what was originally reported does not seem to be true. As I am sure you remember, Jussie Smollett claimed to have been attacked by two Trump supporters wearing MAGA hats and shouting racial slurs. The attackers were also accused of shouting, “This is MAGA country.” That in itself should have raised suspicions–does anyone really believe that Chicago is MAGA country?

The article reports:

Jussie Smollett paid two brothers to stage an attack against him, directed them to buy items used in the alleged assault and actually rehearsed it with them, sources say.

Sources say at least one of the brothers bought the rope used in the incident at Smollett’s request. The sources also say the “Empire” actor paid for the rope, which was purchased at the Crafty Beaver Hardware Store in the Ravenswood neighborhood the weekend of Jan. 25.

Obviously, the actor is denying that the attack was staged:

Smollett’s attorneys, Todd S. Pugh and Victor P. Henderson, released a statement Saturday about the latest allegations.

“As a victim of a hate crime who has cooperated with the police investigation, Jussie Smollett is angered and devastated by recent reports that the perpetrators are individuals he is familiar with. He has now been further victimized by claims attributed to these alleged perpetrators that Jussie played a role in his own attack. Nothing is further from the truth and anyone claiming otherwise is lying.

“One of these purported suspects was Jussie’s personal trainer who he hired to ready him physically for a music video. It is impossible to believe that this person could have played a role in the crime against Jussie or would falsely claim Jussie’s complicity.

So what might be the motive for a staged attack? Consider that the mainstream media would quickly publicize any attack they could tangentially attach to President Trump. Therefore, the attack would make the news. Consider that actors tend to seek publicity.

Stay tuned. I think CBS Chicago has stumbled on the truth.