Facing an FBI and DoJ investigation of Smollett case, Kim Foxx is panicking and changing her story

[GURPS]

The venerable political machine that runs the most corrupt big city in America, the very city who gave us the presidency of Barack Obama, is erupting in a political civil war over a case that has riveted the attention of the public. What makes this story a beacon of hope for reform-minded populists is that the fate of the rascals is now in the hands of an incompetent public official who has outraged the public with obvious corruption of justice, and who is now panicking and making huge mistakes because the walls are starting to close in on her.

President Trump this morning confirmed an earlier report by ABC Chicago and promised that the FBI and DoJ will review the Smollett case:

FBI & DOJ to review the outrageous Jussie Smollett case in Chicago. It is an embarrassment to our Nation!
— Donald J. Trump (@realDonaldTrump) March 28, 2019

For people who have spent the last few days on the dark side of the moon, prosecution of Jussie Smollett for falsely reporting a fake hate crime that he personally staged with the help of two associates (who have confessed and who are on surveillance tape purchasing the items used in the fake attack) was dropped by the state's attorney's office of Cook County and the record expunged with evidence in the case sealed.



https://www.americanthinker.com/blo...foxx_is_panicking_and_changing_her_story.html

 

[Yooper]

Foxx is now admitting she never actually recused herself; that her office was just saying it for public consumption.

The hole she's in is getting deeper. At least I hope it is. If Smollett gets to walk, someone better take his place. And I can't see a better groups of folks as the corrupt folks running in the prosecutor's office.

--- End of line (MCP)

 

[Hijinx]

Is he still subject to punishment or does he now have protection under the Double Jeopardy laws.?

 

[BOP]

Memo to CPD: shoot a random black man, we'll provide the rioters.

 

[stgislander]

Is he still subject to punishment or does he now have protection under the Double Jeopardy laws.?

He's free from any state charges.

 

[Hijinx]

I am not so sure. I read that the case was Nolle Processed. That isn't a court decision, but a decision by an Attorney General. He wasn't found not guilty, they just refused to prosecute him. Can not that refusal be changed?

 

[stgislander]

I am not so sure. I read that the case was Nolle Processed. That isn't a court decision, but a decision by an Attorney General. He wasn't found not guilty, they just refused to prosecute him. Can not that refusal be changed?

From what I understand, the SA went before a judge and said it's over. The judge signed off on it and sealed the files.

 

[JolietJake]

 

[Merlin99]

Is he still subject to punishment or does he now have protection under the Double Jeopardy laws.?

From findlaw

Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally.

So if the SAO is somehow removed the case can still go to trial

 

[BernieP]

Is he still subject to punishment or does he now have protection under the Double Jeopardy laws.?

He can only be tried now for using the mail to send the bogus threat to himself.
Well technically he was only charged, he never was tried in state court.
But don't fear, my money is on a police official going down for "leaking" information on the case.
It's going to be spun into a witch hunt of the Chicago PD. Show time, create a bigger villain and distract people from hearing the truth.

 

[CRHS89]

I thought double jeopardy was only in regards to a court ruling of innocent or guilty. I didn't think it was just for being charged and having those charges dropped without a court trial.

 

[Ken King]

As with most things in the legal realm some things aren't always clear. Typically, jeopardy attaches when the court swears in the jury. In a trial before a judge, jeopardy attaches after the first witness takes the oath and begins to testify, or when the court accepts a defendant's plea unconditionally.

That last part has me wondering if the judge accepted some sort of plea given that Smollett got community service and his bond was forfeited, but who knows.

 

[officeguy]

It's not really double jeopardy, but under state procedural rules and various legal precedents there are limits of how often a prosecutor can bring the same case. This exists in part to protect a defendant from a vindictive prosecutor who brings a case and drops it just to re-file a couple of days later. If this wasn't prohibited, there would be an opportunity for the prosecutor to keep the defendant in a perpetual state of being charged with a crime. Unless there is new information, once a prosecutor has formally notified the court that they dropped a case, there are very limited opportunities to bring it back (e.g. you locate a body after an initial kidnapping case was dropped).

 

[vince77]

Smollett will not be charged. End of story

 

[Hijinx]

I would bet he will win a law suit against Chicago for a Million bucks.

 

[Yooper]

I would bet he will win a law suit against Chicago for a Million bucks.

I'm betting he won't even try; that he'll play it up that it's better to let bygones by bygones. Grab the moral high ground, etc.

'Cause if he sues he opens himself up to ALL of (the sh)it coming out (with civil suits being handles differently than criminal proceedings).

--- End of line (MCP)

 

[Yooper]

--- End of line (MCP)