Special Prosecutor: Cook County State’s Attorney Kim Foxx Lied To The Public in Smollett Case

Cook County special prosecutor Dan Webb has issued his report on the Jussie Smollett scandal with scathing findings of misconduct by the Cook County State’s Attorney’s Office. The findings include a determination that Cook County State’s Attorney Kim Foxx lied to the public about her communications and role in the scandal. Despite the highly improper handling of the case (including the dropping of the original charges against Smollett), Chicago voters still reelected Foxx who has an appalling record in office. For a native Chicagoan, it is an all-too-familiar pattern of corrupt or incompetent elected officials continuing in office. The question, however, is whether Foxx will face any bar action for allegedly lying to the public about the handling of the case.

The report confirms what many of us have long stated about the Smollett case. The evidence of his guilt was obvious from the start, particularly given his ridiculous account of being attacked around 2am by roaming MAGA-hatted, racist Trump supporters screaming “This is MAGA country.”

By March 2019, prosecutors secured a 16-count grand jury indictment against Smollett for filing false police reports. Then suddenly a few weeks later, Cook County State’s Attorney Kim Foxx dropped all charges – a decision that was universally condemned. The outcry was louder due to Foxx’s correspondence with powerful friends of Smollett and the refusal of her office to fully explain why the charges were dropped.

Webb was appointed Special Prosecutor and Smollett was indicted a second time in Feb. 2020. Ultimately, the jury found Smollett guilty of all but one count of criminal conduct.

Webb confirms what was long suspected: prosecutors thought that they not only had a strong case but a case worthy of prosecution. The report details how the office made “false and/or misleading statements” about the decision to drop the charges for a ridiculous agreement that Smollett perform just 15 hours of community service and pay a $10,000 fee as punishment.

The report found that Foxx’s office “breached its obligations of honesty and transparency.”

The report also found that Foxx had made false or misleading statements about her communication with Smollett’s sister, actress Jurnee Smollett. Foxx told the public that her conversations occurred before Smollett became a suspect. Webb says that those statements were false.

State’s Attorney Foxx learned by February 8, 2019 that Mr. Smollett had become a suspect in CPD’s investigation, yet she continued communicating with Ms. Smollett through February 13, 2019 including via five text messages and three phone calls. State’s Attorney Foxx then made false statements to the media claiming she ceased all communications with Ms. Smollett as soon as she learned that Mr. Smollett was a suspect in CPD’s investigation and no longer merely a victim.

Webb also found that Foxx continued to play a role in scuttling the case after she publicly recused herself.

There is also this alarming line:

Ms. Smollett said that when she asked if Mr. Smollett was now a suspect, State’s Attorney Foxx reponded: “Your brother should be fine as long as he stays consistent.

Given the findings, the question is whether the Illinois bar will review the matter. Foxx’s specific statements could run afoul of ethics rules. Attorneys are generally barred from making “a false statement of material fact or law to a third person.

Foxx is clearly responsible for the breaches found by Webb. Yet, the report details how she knew Smollett was a suspect in communicating with his family and continued to act in the case after promising to recuse herself. Those are serious allegations worthy of an investigation by the bar. Foxx may have undisclosed defenses or explanations. However, there will be few real answers unless the court refers the matter to the Illinois bar (or bar members ask for such a review).

Here is the report: Webb Report

 

91 thoughts on “Special Prosecutor: Cook County State’s Attorney Kim Foxx Lied To The Public in Smollett Case”

  1. “Despite the highly improper handling of the case (including the dropping of the original charges against Smollett), Chicago voters still reelected Foxx who has an appalling record in office. For a native Chicagoan, it is an all-too-familiar pattern of corrupt or incompetent elected officials continuing in office.”

    Yes, this is the pattern. The question is why.

    Is the public uninformed as to incompetence or corruption of people running for reelection?

    Has the public become so jaded that they expect all politicians to be corrupt?

    Is the media interfering with the public learning of corruption in Democrat elected officials?

    At what point do voters connect voting behavior with results? Do Democrats even pretend to produce results in deep blue cities, where people should know better? How are Democrat officials avoiding responsibility for the consequences of their policies? For example, one would think an astonishing increase in murder would be a damning performance review, leading to oust. But it does not.

    If people knowingly vote to elect corrupt officials, then that is what they deserve. Unfortunately, that’s also what the rest of the voters get, as well.

    1. Karen says:

      “If people knowingly vote to elect corrupt officials, then that is what they deserve. Unfortunately, that’s also what the rest of the voters get, as well.”

      You are so right! Democrats have had to suffer thanks to Republicans electing Trump which hopefully the civil and criminal trials to come may FINALLY convince you how corrupt he really is. Unfortunately, many of you Trumpists will NEVER accept that Trump is a chronic and habitual liar!

    2. “Yes, this is the pattern. The question is why.”

      I think there is a direct relationship between increasing dependence on government and your questions as to why.

  2. It seems that basically all of the Soros-backed prosecutors are proving to be disasters as bad as a couple of tornadoes in their communities but with more deaths. They should be charged with obstruction of justice.

    1. Soros gave a small amount of his $$$ to a D running for DA in Bernalillo County NM. Thank God that once elected as DA, this attorney (a former AUSA here in Albuquerque) does not appear -so far – to be of the same ilk as so many of Soros’ lackeys! So far, so good as he attempts to do a good job as prosecutor in a crime-ridden city, county and state.

  3. I certainly hope that the Illinois bar will look into these issues. There seems to be an abundance of misconduct to review.

    1. LOL….good one

      Michelle Obama aide tried to intervene in Jussie Smollett probe

      After being contacted by a Chicago attorney who served as former first lady Michelle Obama’s chief of staff, the top prosecutor in Cook County asked the city’s top cop to turn over the Jussie Smollett probe to the FBI, according to reports.

      Cook County State’s Attorney Kim Foxx reached out to Police Superintendent Eddie Johnson after Tina Tchen, the former senior Obama official, emailed the prosecutor saying the “Empire” actor’s family had “concerns” about the probe, the Chicago Sun-Times reported.

      Tchen, a close friend of Mayor Rahm Emanuel’s wife, sent a text message to Foxx to set up an early morning phone call, according to the newspaper.

      “I wanted to give you a call on behalf of Jussie Smollett and family who I know. They have concerns about the investigation,” texted Tchen, who sought to set up a call with Foxx before flying out to New York at 8 a.m.

      The text messages show Foxx told both Tchen and Smollett’s relative that Foxx had reached out to Johnson about handing the probe to the feds.

      “Spoke to the Superintendent Johnson,” Foxx emailed Tchen the same day. “I convinced him to Reach out to FBI to ask that they take over the investigation. He is reaching out now and will get to me shortly.”

      The same day, Foxx texted with Smollett’s relative, whose name was blacked out in the released copies.

      “Spoke to the superintendent earlier, he made the ask,” Foxx wrote. “Trying to figure out logistics. I’ll keep you posted.”

      “Omg this would be a huge victory,” the family member replied.

      “I make no guarantees, but I’m trying,” Foxx wrote back.

      NY Post

  4. Speaking of elected officials lying to the public, in conservative media, the names of Strobe Talbot, Cody Shear and Victoria Nuland – all of the same Brookings Institute with Fiona Hill – have emerged as integral components of, or ancillary to, the Obama Coup D’etat in America, and have been, therefore, added to the list of co-conspirators.

    The Obama Coup D’etat in America makes Watergate and “January 6” combined look like an ant on the bottom of the Grand Canyon.

    May God have mercy on John “Dudley-Will-He-Do-Right” Durham, whose task has grown exponentially, becoming immense, formidable, daunting and intractable, if not, quite simply, impossible.
    _______________________________________________________________________________________________________________________________________________________

    The Obama Coup D’etat in America is the most egregious abuse of power and the most prodigious crime in American political history.

    The co-conspirators are:

    Kevin Clinesmith, Bill Taylor, Eric Ciaramella, Rosenstein, Mueller/Team, Andrew Weissmann,

    James Comey, Christopher Wray, McCabe, Strozk, Page, Laycock, Kadzic,Sally Yates,

    James Baker, Bruce Ohr, Nellie Ohr, Priestap, Kortan, Campbell, Sir Richard Dearlove,

    Christopher Steele, Simpson, Joseph Mifsud, Alexander Downer, Stefan “The Walrus” Halper,

    Azra Turk, Kerry, Hillary, Huma, Mills, Brennan, Gina Haspel, Clapper, Lerner, Farkas, Power,

    Lynch, Rice, Jarrett, Holder, Brazile, Sessions (patsy), Nadler, Schiff, Pelosi, Obama,

    Joe Biden, James E. Boasberg, Emmet Sullivan, Gen. Milley, George Soros, John McCain,

    Marc Elias, Igor, Danchenko, Fiona Hill, Charles H. Dolan, Jake Sullivan, Strobe Talbott,

    Cody Shear, Victoria Newland et al.

  5. When Foxx’s ancestors arrived Elli’s Island as migrants their last name was Fox. The wife was ugly. The officer filling out her forms said: “She ain’t no fox “.

  6. George says:

    “New York Attorney General Letitia James appears to have lied to the public about her personal vendetta and retaliation conspiracy against President Donald J. Trump, in my opinion.”

    If Turley believed that about Letitia James he would have cited the below case and rendered his judgment, for he is not one to pass up an opportunity to throw red meat at Trumpists when his conscience will permit it. His silence would indicate that he does NOT agree with the relief being sought by Trump despite his allegations.

    https://storage.courtlistener.com/recap/gov.uscourts.nynd.131151/gov.uscourts.nynd.131151.1.0.pdf

    By my count, this is the 11th article Turley has written about Jessie Smollett. It’s very curious that there is a blackout on this blog of any mention of all the subpoenas, lawsuits and executive privilege issues arising out of the far more consequential 1/6 investigation. Why? It won’t surprise you to learn that Turley’s Fox News also barely mentions this investigation (except, of course, to dismiss it as a “witch-hunt”)

    Why won’t Turley go on the record where he stands on the investigation of 1/6 especially since he himself called upon Congress to *censure* Trump for his “reckless” speech? Are we to believe that the Smollett case is more newsworthy than an investigation into a *possible* plot to stall a Congressional count of Electors to certify a presidential election?

    Why the crickets Jonathan?

      1. Cassidy points out the obvious:

        “Professor Turley gets to choose his topics. It’s his blog after all!”

        In other words, you don’t know either why Turley CHOOSES topics which ignore the investigation into 1/6…..

        Is it possible that he believes that the Smollett case is click-bait for his blog followers? You think it’s a mere coincidence that his Fox News largely ignores the investigation as well?

        Turley’s Fox News colleagues, Carlson, Hannity and Ingraham, condemned the violence on 1/6, but, unlike Turley who condemned Trump himself, they did NOT criticize Trump’s speech or call for his censure. This is why we know that Turley is not a lying Trumpist! Turley, to his credit, will not join his employer in calling the investigation a “sham.” Instead, he simply says nothing at all.

        Can anyone here venture a guess why Turley chooses to focus more of our attention on Smollett than Trump? Could it be related to Turley’s involvement in the defamation lawsuits brought against Fox? After all, to the extent that the Congressional committee can substantiate that many of the perpetrators of the *possible* plot to stall the Congressional count of Electors knew that the election was actually NOT stolen, but a pretext to justify its efforts, such a finding would not be beneficial to Fox’s defense in its defamation lawsuits.

        On the other hand, Turley, as a law and order stalwart, privately may support the 1/6 investigation trying to hold those accountable for staging the 1/6 protest in hopes that it might result in interrupting or delaying the vote count.

        We just don’t know where Turley stands, but we DO know where he stands on the Smollett case!

        1. “In other words, you don’t know either why Turley CHOOSES topics which ignore the investigation into 1/6…..”

          Because they are not investigating Jan 6. They are choosing to shut down information available about Jan 6 that implicates THEM.

          I will post 3 paragraphs from the article which is a teaser for an article that is many pages long and includes the actual videos showing the people that were involved in inciting the Jan 6 entry into the capitol. It will also show the original FBI 20 most wanted list that later removed the most important picture. It will provide sworn testimony before the committees in front of Congress and a lot more.

          https://www.revolver.news/2021/10/meet-ray-epps-the-fed-protected-provocateur-who-appears-to-have-led-the-very-first-1-6-attack-on-the-u-s-capitol/
          —-
          After months of research, Revolver’s investigative reporting team can now reveal that Ray Epps appears to be among the primary orchestrators of the very first breach of the Capitol’s police barricades at 12:50pm on January 6. Epps appears to have led the “breach team” that committed the very first illegal acts on that fateful day. What’s more, Epps and his “breach team” did all their dirty work with 20 minutes still remaining in President Trump’s National Mall speech, and with the vast majority of Trump supporters still 30 minutes away from the Capitol.

          Secondly, Revolver also determined, and will prove below, that the the FBI stealthily removed Ray Epps from its Capitol Violence Most Wanted List on July 1, just one day after Revolver exposed the inexplicable and puzzlesome FBI protection of known Epps associate and Oath Keepers leader Stewart Rhodes. July 1 was also just one day after separate New York Times report amplified a glaring, falsifiable lie about Epps’s role in the events of January 6.

          Lastly, Ray Epps appears to have worked alongside several individuals — many of them suspiciously unindicted — to carry out a breach of the police barricades that induced a subsequent flood of unsuspecting MAGA protesters to unwittingly trespass on Capitol restricted grounds and place themselves in legal jeopardy.

          1. In other words, you don’t know either why Turley CHOOSES topics which ignore the investigation into 1/6…..”

            1. To piss you off, get you to contribute to his blog and hence generate more web traffic? To give your meaningless, lonely, empty life, as a single, 70+ year old angry, miserable, Jew in name only, atheist, purpose as you age in Marin County?

              We give up.

              ¯\_(ツ)_/¯

              1. Estovir says:

                “To piss you off, get you to contribute to his blog and hence generate more web traffic? To give your meaningless, lonely, empty life, as a single, 70+ year old angry, miserable, Jew in name only, atheist, purpose as you age in Marin County?”

                In other words, you don’t know either why Turley CHOOSES topics which ignore the investigation into 1/6…..

            2. “In other words, you don’t know either why Turley CHOOSES topics which ignore the investigation into 1/6…..”

              Jeff, Turley chooses what he finds interesting and may be used in class. I think you recognize that he is a civil libertarian, so you should realize that civil liberties will be one of his significant interests. Though politically on the liberal side, his personality seems conservative, so I don’t think Turley likes to shoot from the hip. Therefore, unless answering specific legal questions, he might prefer questions where the facts are more developed.

              We all have many questions we would like answered, so many that it would be impossible to answer them all if he did ten postings a day. That means it isn’t surprising that what you might want to read about isn’t on his agenda. He might also think your questions more reflective of a political nature than a legal one.

              I am interested in Jan 6, just as you are, but for different reasons. Any violence that occurs is offensive, no matter the reason or the politics. However, times are unique, and politics today appear more important than the truth. Small stories like Smollett show a media playing advocacy journalism while elected leaders lie and do not follow the law. The same has happened with the most significant issues, and our D.O.J. has been compromised. Historically the F.B.I. has been taken to task for lying in court and other things. Supposedly, they reformed decades ago, but they do not appear reformed enough and still have a bad reputation among many, including other government agencies.

              That takes us to Jan 6. If petty criminal actions can suddenly be pushed as truth while the elected officials refuse to do their jobs (i.e., Smollett), then maybe Jan 6 wasn’t what it appears. Could Jan 6 have been a set-up? My article from Revolver News provides a lot of credence to that. If Revolver News is only partly true, then we see a department of justice teaming with a political party to create violence in the same way Stalin did when he ruled Russia. Despite the way you portray yourself, I don’t think you want that.

              So back to your question of how Turley doesn’t choose what you want to hear. Both you and I want him to discuss Jan 6. Why do you complain about him not doing so while I accept his decisions as his and his alone?

              1. S.Meyer asks:

                “Both you and I want him to discuss Jan 6. Why do you complain about him not doing so while I accept his decisions as his and his alone?”

                Of course, I accept his decisions as his alone!!

                I am asking WHY 11 articles about the trivial case of Smollett and ONLY this article about the 1/6 riot:

                https://jonathanturley.org/2021/09/02/subpoena-tsunami-house-democrats-issue-hundreds-of-secret-subpoenas-targeting-gop-colleagues-and-others/

                The Big Lie which caused a riot which Turley himself called a “DESECRATION” of our Capitol? Can that be said of Smollet’s lies?

                1. Jeff, sometimes important matters are better understood when the issue at hand isn’t so important and there is room for agreement.

                  1. And sometimes a person simply avoids an unpleasant topic for reasons which are- as Turley is wont to say- “mystifying.”

                    1. True, most people wish to avoid unpleasant topics, but in this case there are so many things to write about it is unreasonable to draw such a conclusion.

                    2. 11 articles about Smollett being tried for his lies vs. 1 article about investigating Trump’s lie that incited the desecration of our Capitol speaks for itself.

                    3. Jeff, the numbers provide superficial credence for your claim but only superficial. The articles had Smollett’s name attached but Smollett was incidental to some of those postings. For instance one of the postings had to do with a bizarre case involving Smollett’s lawyer, not Smollett. I think professor Turley finds bizarre cases interesting.You are a lawyer so I don’t expect you to understand how data mining can lead one to wrongful conclusions. That is what you are doing, data mining, without the appropriate selection process.

          1. Independent Bob states the obvious:

            “It’s his blog, he gets to choose what topics are discussed.”

            In other words, you don’t know either why Turley CHOOSES topics which ignore the investigation into 1/6…..

    1. Was that feral rhetoric or would you actually like an answer?

      The cases against Smollett et al. are bona fide.

      The fabricated case against President Donald J. Trump is fantasy.

      It’s not dissimilar to the case wherein Johnny Cochran put the jury to sleep with truckfuls of convoluted pseudoscience, prevarication, prestidigitation and mesmerizing illusion.

      Why don’t you go ask John Dunham for a “ride along” if you care to learn about the discovery and revelation of veracity and fact; he’s bound to run into some very difficult and cold hard truths.

      1. George says:

        “The fabricated case against President Donald J. Trump is fantasy.”

        I take it then that regardless of the amount or quality of evidence, no matter who testifies against him, you will never accept a guilty verdict of any crime or case against Trump.

        He is, and always will, remain innocent. Got it.

  7. Chicago Mayor Lori Lightfoot gave a speech on crime on Monday where she admitted that Chicago needed the help of the federal government to halt the out-of-control violence plaguing the city.
    https://pjmedia.com/news-and-politics/rick-moran/2021/12/21/chicago-mayor-lightfoot-begs-biden-for-help-after-turning-down-trump-offer-for-assistance-n1543237

    President Trump spotted the disaster in real time, but Democrats much preferred dead black children than allow President Trump to render aid with the problem.

  8. Please don’t say that Kim Foxx was lying. She may have been misleading, dissembling, dissimulating, double-crossing, double-dealing, equivocating, falsifying, fibbing, inventing, misrepresenting, misstating, prevaricating, two-timing. wrong, deceitful, deceptive, delusive, delusory, false, guileful, mendacious, perfidious, shifty, treacherous, tricky, two-faced, unreliable, and untruthful. But lying? Never!

  9. Follow the money. Look it up. George Soros and his legions of organizations back PACs that funds state attorneys and DAs around the country who will not enforce the law.

    I guess he wants to give the USA and the world a nice chaotic goodbye as he nears the jumping off place of his life on earth.

  10. “Cook County State’s Attorney Kim Foxx Lied To The Public in Smollett Case”

    – Professor Turley
    ______________

    New York Attorney General Letitia James appears to have lied to the public about her personal vendetta and retaliation conspiracy against President Donald J. Trump, in my opinion.

    New York Attorney General Letitia James must be impeached for egregious malicious prosecution, abuse of power, misuse of public funds, negligence, gross dereliction et al. in her effort to weaponize the Office of the Attorney General of the State of New York and conducting a personal vendetta against an ideological and political opponent, nemesis and enemy.

    Can you say, “Worse than the Cuomo Brothers?”

    https://twitter.com/i/status/1061397270527180800

    1. Ms. James has indicated that she will seek re-election as NY’s AG. I’m hoping that will not happen. She has been selective in bringing cases. The case that she brought unsuccessfully against the SEC a few years ago concerning Regulation BI (a new standard of conduct for broker-dealers) was an absolute waste of taxpayer dollars.

      1. May she run from Jail?
        __________________

        MALICIOUS PROSECUTION

        REMOVED – DISBARRED – JAILED

        Mike Nifong

        Michael Byron Nifong (born September 14, 1950) is an American former North Carolina attorney, who has been disbarred.[2] He served as the district attorney for Durham County, North Carolina until he was removed, disbarred and jailed following court findings concerning his conduct in the Duke lacrosse case, primarily his conspiring with the DNA lab director to withhold exculpatory DNA evidence that could have acquitted the defendants.[3]

        – Wiki

  11. George Soros has blood on his hands, but the Dems relish blood stained hands. Why else would they embrace decapitating new born babies and exterminating life in-utero?

    Predictably, George Soros identifies as an atheist like most pro regressives, such is their groupthink

    😉

    How George Soros funded progressive ‘legal arsonist’ DAs behind US crime surge

    Chicago’s Kim Foxx was Soros’ first success. He contributed $300,000 to her first campaign in 2016, and a further $2 million for her successful re-election run last year.

    https://nypost.com/2021/12/16/how-george-soros-funded-progressive-das-behind-us-crime-surge/

  12. Dems lie to each other and lie to themselves; why are we surprised that they lie to us?

    Lefties even pay for media that lies to them (WaPo, NYT); Foxx’s lies were free.

    And she was only lying about another liar.

    Culture of mendacity.

  13. This is Illinois….AND Chicago…..both of which are as crooked as a Dog’s Hind Leg, Professor!

    Unless AG Garland orders the US Attorney and FBI to investigate and prosecute a Federal Case…..Foxx is bullet proof.

    Why the Feebs do not have a very large Task Force working RICO cases one after another in Chicago defeats the imagination….but then the DOJ and FBI. have their own corruption problems don’t they.

    1. Unless AG Garland orders the US Attorney and FBI to investigate and prosecute a Federal Case…..Foxx is bullet proof.

      Garland and the FBI have more important matters. Spying on parents that attend school board meetings come to mind. Interfering the the States Constitutional power to run elections is a second matter they are spending resources on. The third item would be planning to kidnap a governor, and leading the assault to the Capital. I’m sure there are a half dozen more false flag operations in the planning stages. Also Confidential Human sources have to be managed as they infiltrate President Trump’s sphere of operations to subvert is political aspirations. Just like they did starting in 2015.

    2. Oh wait….the FBI already did an investigation…..but whatever happened to it and its referral to the DOJ?

      Duh…..Crickets!

      Smollett reported a Hate Crime….and must have been interviewed by FBI Special Agents.

      He had to of lied to them if he claimed he had been attacked……so where is the Federal Prosecution for lying to an FBI agent?

      Seems to recall General Flynn and others were prosecuted for lying to the FBI…..why not Smollett?

      https://www.chicagotribune.com/news/criminal-justice/ct-jussie-smollett-fbi-subpoena-chicago-lawsuit-20200910-zxa56dxv2bbs7flbytdho24yra-story.html

  14. Kim Foxx lied but she is a Democrat so that won’t matter. The lefties will claim she didn’t lie and will believe Smollett’s narrative. Why? They have one narrative and it isn’t based on the truth.

    Smollett belongs in jail because what he did is hateful to the minority community as his actions made a joke of hate crimes. Kim Foxx doubled down and should loose her law license.

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