Jussie Smollett Could Be RECHARGED, Attorney DEMANDS Special Prosecutor. Citing the irregularities of the Jussie Smollett case a former State's Attorney demands a real special prosecutor investigate the potential cover up and interference.Smollett had 16 felony charges mysteriously drop to the shock and anger of law enforcement and even the Illinois Prosecutor's Bar Association.In a leaked email it even appears that Kim Foxx was trying to find justification for letting Jussie Smollett off without a criminal record. Police have now voted "no confidence" in Kim Foxx but also claim to be preparing a lawsuit against against Smollett to recoup the cost of the investigation.
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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
A former state's attorney is calling for a special prosecutor in Chicago to investigate whether or not Kim Fox and the state attorney's office interfered in small lots prosecution. This could result in Jussie, Smollett being recharged, apparently because he didn't come close to a trial. Double jeopardy doesn't come into effect.
Charges could be brought back following this. Chicago police have voted no confidence in the state's attorney's office,
are still trying to seek restitution through other means they're now right,
going to sue justice, one left for the cost of
mastication into what they say were false allegations. A false police report similar
team has responded to this and they're rather upset claiming the charges were
and he is innocent today? Let's take a look,
latest news from just as case and several
apple showing us that small, what probably will not be able to escape justice in this circumstance, but before
started, make sure you follow me over on minds at minds. Com Tim cast, I'm trying.
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just share it on social media help spread the news. Our first story from the Chicago Tribune attorney calls for special prosecutor to investigate if Kim Foxx interfered in Jesse
that investigation the story says the filing by Sonny Mohammed, who until recently
I was an assistant state's attorney in Fox's office marked the first formal request that special prosecutor be appointed since the bomb shell decision last week to drop all charges against small lot. Saying Fox's handling of the case was plagued with irregularity. Muhammad's ten page petition asked the presiding criminal Court Judge Lee, were Martin Junior, appoint a special prosecutor to investigate whether Fox acted to impede the in
dictation, concealed evidence and or intentionally misled the public. The petition noted that no written agreement was entered in dropping the charges against millet and he was not required to admit any wrongdoing allowing
to perpetrate the same lie that formed the basis of the crime. Indeed, mister smell it now claims the dismissal of the charges exonerates him and validates that he was not only the victim of a hate crime, but also that he was unjustly vilified and smeared by the Chicago police and the entire
county criminal justice system. The petitions that Muhammad also alleged that, after communicating with a relative of small lot and a politically connected ally of the actors, family Fox improperly used her position to intervene in the investigation on his behalf, even though Fox acknowledged she stepped aside from the case because of the potential conflict she failed to properly recuse herself and her office. He said not only was Fox's. Failure to recuse herself improper, given that she admitted to having an actual conflict fox, has, in essence double down on our offices decision not to prosecute small lot and insists that her decision was consistent with prosecutorial discretion. The petitions
In a brief telephone interview, Thursday Muhammad said he filed the petition because there has to be a way for the public to know that there's no separate justice system for different classes of people, Muhammad's
he had served as a cook county prosecutor from November, two thousand and fourteen until last month, when he left to start his own practice. He initially did not pay much attention to small it's charged
but comments on social media. After last week's abrupt dismissal caught his eye, he said so. I began to dig into the facts of the hot button case. He said he hopes that a special prosecutor will refile dismiss charges and go back and do it the right way. I just want to make sure that the right thing is done now. There are few interesting points in the story will start with the first one. He hopes that a prosecutor will refile the dismiss charges. According to Chicago Tribune, reporter Meghan Kripo. She says Sonny Mohammed. The attorney who filed the petition is a former Cook County prosecutor who left his office last month to go to private practice. For the record, quite a few attorney sources have told me small. Let could technically be recharged, since the charges were dismissed before they even got within spitting distance of trial. It wouldn't fall under double
However, the likelihood of that happening, I would venture a gas is low, I'm getting a special prosecutor in the first place. That can be a high bar to clear now, even though this reporter feels the likelihood that Jesse will be re, charge is low, it doesn't mean there won't be some other form of justice while they may not get a special
secure. There is sentiment within law enforcement that there must be some form of justice. The other interesting bit from this story is that they claim she failed to recuse herself, and this was improper and that sentiment was echoed by the Illinois Prosecutors BAR Association. In a statement several days ago, they said when elected state's attorney recuse herself from a prosecution Illinois LAW provides that the court shall appoint a special prosecutor. Typically, the special prosecutor is a neighboring states attorney the attorney general or the state appellate prosecutor here, the state.
Attorney kept the case with in her office and thus never actually recused herself as a matter of law. In reference to the dismissal of the charges, the Ip Ba said this action,
highly unusual, not a statutory diversion program and not in accordance with well accepted practices of state's attorney initiated diversionary programs. To be clear here. This simply was not
a deferred prosecution, a former age to Michelle Obama reached out to Kim Foxx. Because of this there was a bit of outrage from law enforcement and Kim Foxx said she was recusing herself, but, as we have just heard, she did not. A special prosecutor should have been appointed and wasn't, and now there is a formal request that this happens but on the police
things. Not only have they voted, no confidence in him fox they are demanding money from smaller and smaller actually responded this story from yesterday. First, we'll look at the no confidence about from ABC seven Chicago. After just what case Cook County Police Chiefs announced they have no con.
Since in states attorney Kim Foxx but Chicago Police Union and dozens of Cook, county police chiefs, banded together Thursday to announce a no confidence vote in states attorney Kim Foxx. The press conference came after her office, controversial decision to drop charges against justice mallet over his alleged staged attack in a state
but they said we cannot stand for this. Any longer Kim Fox needs to resign, and she should do it quickly, she's putting criminals back on the street either during the process
not charging them at all or allowing them on the street to commit again said, Stephan Stelter, W Suburban Chiefs of Police Association many times the hoops we have to go through to get a felony charge and most of the time they are not approved or charges are dismissed in court. Without an officer's opinion
Earlier that day, we heard that Chicago police were going to sue Jussie Smollett after he refused to pay a hundred
thirty thousand dollars an investigation costs
He adds the city's law department says in a statement Thursday that be drafting a lawsuit in response,
and would sue the empire actor in Cook County civil court, the city quote: will file the suit in the near future,
and just this morning, just the small, let's legal team responded with a letter asserting small, let's innocence, just as well as legal team has sent a letter to the Chicago LAW Department, saying they would insist,
unsworn depositions for police superintendent, Eddie Johnson, an mayor, Rahm Emmanuel if a lawsuit is filed by the city against millet, to try to recover about one thirty thousand dollars in costs? I'm not going to read the entire letter, but some less legal team says that not only
Is he innocent and has no reason to pay? This would be unconstitutional, but they consider it to be harassment. They state. Your letter constitutes part of a course of conduct intended to harass
and irreparably injured. Mister Smallett, as explained below your letter, is both factually and legally flawed. An mister sommelet will not be intimidated into paying
and in some the letter ends by saying, if, despite the deficiencies above
file. A civil action against Mister small. Please be advised that, in addition to raising the
appropriate legal defenses. One will demand the prompt production of the entire investigation file in this matter, including the full discovery from the criminal action which was
provided to the defense. We will demand that you promptly produce for deposition, Mayor Rahm, Emmanuel, police, superintendent, Eddie Johnson
a bimbo laws, and I wrote
uh Labinjo, oh Sandero, and attorneys Gloria Schmidt and Jorge Rodriguez and three,
We will seek to have all records and hearings on this matter be open to the public in light of the apparent vested interest in this matter. We are
confident that Mayor Emanuel, an superintendent Johnson, will not object to providing there
testimony. Underoath mister Smaltz preference remains, however, at this matter be closed and that he be allowed to move on with his life. Where available to discuss this matter, further things could get pretty interesting if a suit is filed, they want deposition on the
they want the investigative files released. These files were sealed by the court. Now why
Would they want them open to the public? It's really interesting. Perhaps there is a possibility at the prosecution realized, the police were wrong.
Lied or manipulating the investigation, or perhaps this is a tactic to make it seem like Jesse, actually is innocent and to try and convince people he's open to transparency thinking the police will never want any of the stuff on the record. At any rate, most people believe Jesse is guilty. You even have a former state attorney saying special
secure now you're, a former Michelle Obama. Eight interfering in this case and Kim Fox, never recuse yourself. The whole thing stinks. So perhaps what we need here is a bit of transparency. Perhaps small, it's legal team is correct. Let's see all of these files released and I would like to know why they were sealed in the first place and it turns out it was prosecutorial or police wrong doing good. We should know about it, it shouldn't be sealed and the public has a right to know what actually happened here, but in the end most people just believe some
but is guilty and is getting away with committing a crime. So if a special prosecutor is appointed, we all assume it's going to be bad news for small, let and he could be recharged, but let me know
in the comments below keep the conversation going. Why do you think they're calling for Trans
parents on this matter and do you think small? It might actually face justice, be monetary restitution or
getting arrested and charged again comment below will carry out Conversa
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Transcript generated on 2019-11-09.