Cook County State’s Attorney Kim Foxx In Legal Trouble Over Jussie Smollett Case

Regardless of whether or not you believe that the hate crime against Jussie Smollett was a hoax or indeed true, the legal ramifications are far from over. The Fraternal Order of Police (FOP) which represents 8,000 of Chicago’s finest sent a letter to the U.S. Attorney for the Northern District of Illinois requesting a federal investigation into Cook County State’s Attorney Kim Foxx regarding her handling of the Jussie Smollet Case.

Before charges the grand jury announced that they planned on filing 16 different charges against Smollet, Foxx recused herself from the case but did not give a reason. According to emails that were published by the Tribune, during the investigation into Smollet, Foxx was contacted by an attorney who knew Smollet’s family and said that the family was concerned about the investigation. Foxx subsequently asked the Chicago Police Superintendent Eddie Johnson to turn the investigation over to the FBI. Johnson did not do so. The FOP union believes that Foxx broke the law when she asked the case be taken away from the Chicago police.

The FOP states in their letter:

…attorneys are not allowed to interfere with ongoing police investigations, particularly at the request of private individuals associated with subjects being investigated….(her) whole office should have recused itself and a special prosecutor been appointed.

Legal experts said that there are some ethical questions regarding how Foxx handled the case. However, when she was first involved with the case Smollet was considered a victim of a hate crime not the criminal mastermind behind it. If she was acting on his behalf to make sure the investigation was following proper procedure and being properly conducted then there’s nothing unethical. However, if she was trying to see if the investigation was bringing to light evidence against Smollet, then that’s where the ethics come into question.