Bizarre, Criminal law

Smollett Charged With Reporting False Hate Crime [Updated]

“Empire” actor Jussie Smollett has been charged with one count of felony disorderly conduct for filing a false police report. Smollett claimed that white men wearing Trump’s signature MAGA hats jumped out of a car and screamed “This is MAGA country, n****r” and beat him and put a noose around his neck. Various networks and cable stations like CNN ran with the story as a horrific attack and an example of rising hate crimes during the Trump Administration.

Smollett was widely heralded as a victim who showed bravery in the face of a hate crime. He appeared at one event and described how the first attacked “Punches me right in the face. So, I punched his ass back. I think what people need to hear is just the truth.” The truth however appears equally disturbing.

Police also say that Smollett sent a racist and homophobic to himself and then made them public. Police say that the scratches that Smollett displayed were self-inflicted. The two brothers who allegedly helped Smollett set up the hoax hate crime told police that Smollett was upset that the letter did not generate more attention and outrage than it did.

That was not a problem when he showed up with the noose around his neck and an account of MAGA wearing racists roaming the streets of Chicago.

Chicago police say that the entire scheme was meant to increase Smollett’s salary with the studio by making him a cause célèbre.

The Chicago Police Commissioner lashed out at the media and politicians for fueling the outcry over the alleged attack before any facts other than his account were known. As we discussed, various politicians immediately denounced the attack and cited the Trump Administration for creating an environment of heightened racial animus. Speaker Nancy Pelosi has deleted her tweet  calling it a “racist homophobic attack” and calling for action. Sen. Cory Booker (D., N.J.) is now “withholding judgment” after previously calling it an “attempted modern-day lynching.” Sen. Kamala Harris previously tweeted “This was an attempted modern day lynching. No one should have to fear for their life because of their sexuality or color of their skin. We must confront this hate.” When confronted with the new evidence, Harris gave the answer that should have been the first response:  “I think that once the investigation is concluded, then we should all comment, but I’m not going to comment until I know the outcome of that investigation.” Alexandria Ocasio-Cortez actually objected to those not treating the attack as an established fact. She tweeted that the attack was not “possibly” a racist and homophobic attack, but that “it was a racist and homophobic attack.”

 Media reports indicate that the rope used for the noose has been traced to a nearby lumber store (where I used to go with my father for material) in Chicago. They supposedly were identified as purchasing the rope shortly before the attack.

A grand jury returned the indictment yesterday and Smollett is now due in court in Chicago at 1:30 p.m. Thursday.

One of the provisions under Section 720 is:

(6) Calls the number “911” for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency;

That provision is generally charged as a Class 4 felony with 1-3 years of potential prison. However probation is allowed for up to 30 months. 

146 thoughts on “Smollett Charged With Reporting False Hate Crime [Updated]”

  1. Now Senators Warren and Harris are backing reparations for slavery. For Gods sake, will you please vote for me.

    1. You don’t suppose Lincoln foresaw this unbridgeable chasm do you?

      “If all earthly power were given me,” said Lincoln in a speech delivered in Peoria, Illinois, on October 16, 1854, “I should not know what to do, as to the existing institution [of slavery]. My first impulse would be to free all the slaves, and send them to Liberia, to their own native land.” After acknowledging that this plan’s “sudden execution is impossible,” he asked whether freed blacks should be made “politically and socially our equals?” “My own feelings will not admit of this,” he said, “and [even] if mine would, we well know that those of the great mass of white people will not … We can not, then, make them equals.”

  2. Jussie Smollett or Tawana Brawley? Tawana Harris, Kamala Brawley, or Kamala Harris? Kamala Harris immediately responded with a purely racist attack against Americans when she heard the lies of Jussie Smollett. Kamala Harris called it “…an attempted modern day lynching.” Kamala Harris’ first response was viciously racist. Hyphenates have falsely stated that it is physically impossible for an African/Indian mulatto to be racist.
    ________________

    Kamala Harris
    ✔
    @KamalaHarris

    .@JussieSmollett is one of the kindest, most gentle human beings I know. I’m praying for his quick recovery.

    This was an ATTEMPTED MODERN DAY LYNCHING. No one should have to fear for their life because of their sexuality or color of their

    skin. WE MUST CONFRONT THIS HATE.
    __________________

    Is this simply more hysteria and incoherence or is it deliberate indoctrination, brainwashing and communist propaganda designed and propagated to facilitate the hyphenate conquest and reconquista?

  3. “Hate Crime” laws are nothing but more hysteria and incoherence.

    Did John Wayne Gacy, Ted Bundy and Jack the Ripper commit “Love Crimes?”

    Oh I get it.

    “Hate Crime” law is jurisprudential “Affirmative Action Privilege” for the superior “untouchables.”

  4. Don’t be so rough on the guy.

    He was only doing what the lazy, greedy, striking, thug teachers unions do once a month…

    STRIKE and DISRUPT to coerce an undeserved and unjustified raise…after raise after raise in perpetuity ad infinitum.

    Private sector workers earn raises by lowering the unit labor cost, increasing productivity and creating wealth.

    No one has ever accused teachers of doing anything like that.

    Model S Teslas, Range Rovers and Mercedes Benzes in the teachers’ parking lot; I just don’t get that.

  5. Fake hate crimes have been going on for quite a long time, and none of the perps have been held accountable. So many, in fact, that a professor has written a book chronicling the phenomena. (He was on the news the other night – I don’t recall his name.) It looks like Smollett is the first to be charged, perhaps because of his celebrity status, or his age (he’s 36 and most of the others were college students). Or maybe because his efforts were so exceedingly ridiculous and involved the police. In any case, here’s a guy who seemingly had it made, and now is going to take a huge hit professionally and financially. He’ll probably get probation, but his career won’t recover. Maybe he can follow Sharpton into politics, hahaha. Blacks seem to have infinite patience and forgiveness for their brethren making complete asses of themselves.

    1. “Fake hate crimes have been going on for quite a long time, and none of the perps have been held accountable.”

      I’m hoping the $250Million suit against the Post by Sandmann ends up with a win of $250million. Punitives have been used to put a stop to certain types of garbage but I’ll settle for less and perhaps a change in the libel laws.

  6. My first thought was Smollett should spend six months in a cell with a 6’6″ guy named Bubba. But then I thought he might enjoy that.

    1. I really hate it when people make comments like that, RSA. The fact that people in prison have to endure that sort of torture is not something to laugh at or be proud of. Most crimes don’t call for forced rape as a punishment.

  7. ” She tweeted that the attack was not “possibly” a racist and homophobic attack, but that “it was a racist and homophobic attack.””

    Well it was….just not the race and the particular homphobe you initially thought …these things cut many ways.

  8. IT SHOULD BE A FELONY

    BUT WHERE DOES ‘DISORDERLY CONDUCT’ COME IN?

    I believe Smollett deserves to be charged with “Filing A False Police Report’. I just don’t understand how the term ‘Disorderly Conduct’ got attached.

    Historically the Chicago PD used ‘Disorderly Conduct’ as sort of a ‘catch all’ for subjects who were either drunk or refusing to obey police commands. The charge was almost always a misdemeanor.

    The CPD used ‘Disorderly Conduct’ so often that at one point, in the 1980’s, a Federal Judge issued a ruling that said the CPD was applying said charge with vague indiscretion. Therefore, I’m surprised to see ‘Disorderly Conduct’ attached to this case.

    Perhaps Kurtz might know.

    1. Petulant Peter “just don’t understand how the term ‘Disorderly Conduct’ got attached.”

      cf.

      “On Wednesday Smollett was charged with felony disorderly conduct for filing a false police report.”

      It helps to understand the law, the English language and having a well trained brained, none of which have you showm as possessing. But you go on ahead and post for the partisan paid troll you are known to be

      1. Estovir, why do you need a sock puppet here?????

        And please describe your experience with the CPD.

    2. some states have different names for the statute which covers false police reports. i think this would be the statute they are using, see what i copy after this, but yes it is glommed into the Disorderly Conduct statute

      http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+26&ActID=1876&ChapterID=53&SeqStart=74200000&SeqEnd=75200000

      CRIMINAL OFFENSES
      (720 ILCS 5/) Criminal Code of 2012.

      (720 ILCS 5/Art. 26 heading)
      ARTICLE 26. DISORDERLY CONDUCT

      (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
      Sec. 26-1. Disorderly conduct.
      (a) A person commits disorderly conduct when he or she knowingly:
      (1) Does any act in such unreasonable manner as to

      alarm or disturb another and to provoke a breach of the peace;
      (2) Transmits or causes to be transmitted in any

      manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists;
      (3) Transmits or causes to be transmitted in any

      manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place;
      (3.5) Transmits or causes to be transmitted a threat

      of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;
      (4) Transmits or causes to be transmitted in any

      manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed;
      (5) Transmits or causes to be transmitted a false

      report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public; or
      (6) Calls the number “911” for the purpose of making

      or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency;
      (7) Transmits or causes to be transmitted a false

      report to the Department of Children and Family Services under Section 4 of the Abused and Neglected Child Reporting Act;
      (8) Transmits or causes to be transmitted a false

      report to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;
      (9) Transmits or causes to be transmitted in any

      manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required;
      (10) Transmits or causes to be transmitted a false

      report under Article II of Public Act 83-1432;
      (11) Enters upon the property of another and for a

      lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
      (12) While acting as a collection agency as defined

      in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor.
      (b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.
      A violation of subsection (a)(12) of this Section is a Business Offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of subsection (a)(7) or (a)(5) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(11) of this Section is a Class 4 felony.
      (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
      This subsection does not apply when the court imposes a sentence of incarceration.
      (d) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under paragraph (3) of subsection (a) involving a false alarm of a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device.
      (e) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under paragraph (6) of subsection (a) to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000. If the court determines that the person convicted of disorderly conduct under paragraph (6) of subsection (a) is indigent, the provisions of this subsection (e) do not apply.
      (f) For the purposes of this Section, “emergency response” means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle, or of any other place that any person may enter, or any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.
      (Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

      1. Smollett may also get federal charges before this is through., the mailing of the letter with the crushed aspirin could be with the following, perhaps:

        (18 U.S. Code § 876. Mailing threatening communications),

        Whoever knowingly so deposits or causes to be delivered as aforesaid, any communication with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than five years, or both.

        1. Kurtz – I don’t think they can get him under this particular statute. It penalizes someone who sends a threatening letter “to any other person.” Smollett’s letter was addressed to HIMSELF.

      2. Thanks, Kurtz. I didn’t know disorderly encompasses false alarms. That’s interesting.

        I’m going to have to polish off my old copy of the Illinois penal code.

    3. it’s just legislative history and codification as far as I can tell. some states have a standalone for this kind of situation but apparently illinois does not.

      what peter said about them overcharging disorderly conduct in years gone by is true, but of course, the CPD is no different than other outfits in that from time to time they overuse certain charges. Another one that they overused in the 90s was UUW, unlawful use of a weapon, often mischarged for people they arrested who were using firearms in a way that was assumed to be illegal but not. the NRA type organizations got after them for that, and since then, there is DC v Heller, so now even Illinois has a concealed carry law, although it “stinks” in the opinion of people who do carry guns and much prefer Indiana’s version. Anyhow that’s just local color stuff for ya.

      the codification of false reporting in the disorderly conduct statute is discussed by a lawyer here

      https://www.illinoisattorneyblog.com/2014/10/22/disorderly-conduct-and-illinois-criminal-law/

  9. Jussie did it for higher salary

    Jussie has another problem. The fake letter with his finger prints on it.

    The FBI will find it. Jussie will go the way of Tawana Brawley hoax

  10. Trump is resigning and then leaving the White House on March 4th. Thereafter Pence will rename the White House The Neutral House. Trump and wife are going to Mar A Lago to leave Washington for good.

        1. Yes, yes,bo Bess, banna fanna fo Fess… Yes!
          If the first two letters are ever the same
          Drop them both and say the name….

          And if Trump does resign.
          No, no, bo blow
          Hillary stops low blow

          Why would you want me off the blog? Jeso.

  11. I like JT’s nostalgic hardware store anecdote. My old man wasn’t very handy. My memories are going to ball games and the horse track w/ my old man.

  13. The story out of Humble, TX is a good metaphor for today’s Democratic leadership. They keep spinning these stories to fit an anti-Trump narrative and they keep shooting themselves in the process.

  14. “Accusation is not proof” – a quote by former WWII correspondent and Father of American journalism, Edward R. Murrow. Murrow that later took down corrupt Senator Joseph McCarthy. Murrow was also backed by Dwight D. Eisenhower against the tactics of the FBI and U.S. Department of Justice. After McCarthy and the FBI were publicly humiliated on national television, many experts believe this catalyst was primarily responsible for the FBI and other agencies going COVERT with programs like “CoinTelPro” to avoid future embarrassment. This was the covert program used against Christian ministers, like Martin Luther King, Jr, during the Civil Rights era to retaliate against legal 1st Amendment activity. Coming full-circle, then FBI then “engineered” an assassination of Fred Hampton in Chicago using local Chicago police and local prosecutors. What outrages many of us is that there are two separate justice systems. The corrupt officials in Ferguson, Missouri essentially received a slap on the wrist for violating federal criminal statutes (felony violations). [Source: “Ferguson Report” published by the U.S. Department of Justice’s Civil Rights Division]. In Florida, based on facts, using selective-prosecution, it is essentially legal to shoot and kill an African-American or minority under “Stand Your Ground” laws, but when an African-American mother, Marissa Alexander, simply fired a warning shot to deter a convicted wife beater – she served 3 years in prison (reduced from 20 years). This happened recently after a white Florida shooter killed an African-American teenager under the same laws and by the same state Attorney General (a friend of Trump). The ACLU has ample and documented abuses by Chicago officials violating the Federal Criminal Code. This doesn’t excuse or forgive an alleged false report (in the above article), but the Justice System must hold everyone accountable – even those acting under color of law! Why do Americans distrust the Justice System – this is why.

    1. Ashcroft’s Zersetzung:

      You have mastered the pathetic art of deflection and avoidance with a token platitude that “the Justice System must hold everyone accountable.” And so it will. Jussy just got squeezed by his confederates, a video tape and his own history of perfidy. It’s why Americans trust the justice system. Put him in irons for lies, wasting resources and blatant racism.

      1. Since everyone seems to be Law & Order minded. Torture, locking people up without charge or trial, arbitrary detention and warrantless wiretapping are all felony crimes under the Federal Criminal Code. In over 15 years, not one of the DOJ attorneys or torture-architects have been even indicted by any U.S. Attorney or state prosecutor. Since the Bush officials never faced accountability, many local governments have committed similar felony crimes, including Chicago. Keep playing the partisan non-sense!

        2. “Since the Bush officials never faced accountability, many local governments have committed similar felony crimes, including Chicago. Keep playing the partisan non-sense!”

          Surely you jest. W was certainly an bleak mark in the history of the country, but his crimes are dwarfed in reach and depth by the model for crime for all, the Clintons. Maybe some day the US will be able to act on those clear money trails.

        3. what happened in Chicago in respect of police abuse had NOTHING to do with Geo Bush and the whole 9/11 aftermath. Nice try, no dice.

          https://www.chicago.gov/content/dam/city/depts/dol/supp_info/Burge-Reparations-Information-Center/ORDINANCE.pdf

          As used in this Ordinance, the following definitions shall apply:
          “Burge victim” or “victim” means any individual with a credible claim of torture or physical
          abuse by Jon Burge or one of the officers under his command at Area 2 or Area 3 Police Headquarters
          between May 1, 1972 and November 30, 1991.
          “Credible claim” means a credible claim of torture or physical abuse by Jon Burge or one of the
          officers under his command at Area 2 or Area 3 Police Headquarters between May 1, 1972 and
          November 30, 1991.
          “CTJM” means the Chicago Torture Justice Memorials organization.
          “Fund” means the Reparations Fund for Burge Torture Victims established by this
          Ordinance.

    2. “Accusation is not proof” – a quote by former WWII correspondent and Father of American journalism, Edward R. Murrow.

      Murrow was born in 1908 and died in 1965. Strange as it may seem to you, daily newspapers had been published for 130-odd years by the time Murrow was old enough to earn money hawking them on the street. Broadcast news had its origin when he was an adolescent.

      Murrow that later took down corrupt Senator Joseph McCarthy.

      McCarthy was obnoxious and unscrupulous, not corrupt. And Murrow did nothing of the kind. McCarthy was censured by the Senate consequent to congressional committee hearings.

      Murrow was also backed by Dwight D. Eisenhower against the tactics of the FBI and U.S. Department of Justice. After McCarthy and the FBI were publicly humiliated on national television, many experts believe this catalyst was primarily responsible for the FBI and other agencies going COVERT with programs like “CoinTelPro” to avoid future embarrassment.

      The FBI was not the subject of the congressional investigation in question, which concerned the Army base at Fort Monmouth, NJ and those in the chain of command of two soldiers, Iriving Peress and David Schine.

      1. “McCarthyism” was somewhat overt form of blacklisting and defamation that spanned decades. The foundation to McCarthyism began under Harry S. Truman’s Attorney General Clark. Clark later admitted this unAmerican practice – that betrayed his Oath of Office – was the worst mistake of his life since it destroyed so many innocent Americans. The National Archives published a great article Turley would like “Prelude to McCarthyism…” by Justin Goldstein 2006. The article has alarming parallels to what has happening today, it’s basically the same tactics being used since 2001. In more recent history, those rendering guilty verdicts – without a conviction – may want to read about “Richard Jewel and the 1996 Olympics” – the FBI and Press destroyed a perfectly innocent man trying him in the Press. Judges and juries render guilty verdicts not arm-chair quarterbacks.

        1. The comfort and convenience of members of the Communist Party ca. 1947 is of great interest to twits enrolled in history graduate programs nowadays. Normal people don’t take much of an interest in it.

        2. ‘“McCarthyism” was somewhat overt form of blacklisting and defamation that spanned decades.’

          Maybe you can replace that with “Democratism.” Already setting up their loss for 2020 by “foreign actors.” Democrats might find they may have gone to the well one time too many.

        3. Unlike the Russophobia of today’s Democrat party war mongers, however, a lot of the people accused of being Soviet agents and communists by McCarthy, ACTUALLY WERE COMMUNISTS AND SOVIET AGENTS!

          and at the time, “Russia” was a hell of a lot bigger threat, objectively speaking, than it is today

    3. The corrupt officials in Ferguson, Missouri essentially received a slap on the wrist for violating federal criminal statutes (felony violations).

      They didn’t violate any statutes at all or behave in any untoward manner. You cannot stop lying.

      1. Title 18 US Code 241, 18 USC 242, 18 USC 245, 42 USC 14141, 42 USC 1983, federal Civil Rights Act, 1st Amendment, 4th Amendment, 6th Amendment, 8th Amendment, 9th Amendment and 14th Amendment. Probably left some out but enough for any U.S. Attorney.

        1. No member of the police department was in violation of any of those provisions and you cannot begin to explain how they were. Mr. Holder’s weaponized Department of Justice couldn’t even begin to make that case, so they issue a report complaining the Ferguson police issue too many jaywalking tickets.

    4. I mistrust the capos at FBI who dared to think they could unseat the POTUS with a false charge of inability under the 25th amendment.

      and I resent the COINTELPRO style rogue multi-agency bureaucratic effort to depict Trump as a “Russian asset”

      that’s the thing the fans of Church committee should be worrying about at present not some other water far under the bridge

  15. When you do the same thing over and over again but expect different results, isn’t that one of the definitions for being insane?

  19. I would argue that what Smollet committed was a hate crime: he was racially and hatefully motivated and it has had the same detrimental impact on our society as any other “hate crime.” Maybe worse.

  20. Bull Connor has nothing on Jussie when it comes to being a racist. Allegedly, of course. Why isn’t it a federal hate crime? Somewhere an unemployed Roseanne Barr ponders the double standard.

        1. Get on the same page, Zeus says Bull wasn’t a racist just a underpaid employee looking for job security.

      2. YNOT:
        You really are drawn to the sniveling coward-types. Must explain your epithet potshotting from the underbrush of anonymity. So much for “opposites attract.”

        As mentioned, Connor was, at a minimum, man enough to display his racism based on his version of principle. Smollett’s an incompetent carney, con-man devoid of anything approaching principle.

        1. I did not say I supported him, I hope he gets what is due. But Bull Connors never faced jail while this guy probably will so there is a significant difference but I know you like being aggrieved.

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