Kim Foxx, the top prosecutor in Chicago, is far from being out of hot water in the handling of the Jussie Smollett case.

She was subpoenaed on Friday.


Foxx is Cook County’s state’s attorney.  She’ll have to appear in court after a retired appellate judge, Sheila O’Brien, filed a petition last week for a special prosecutor to probe the Smollett case.

Also subpoenaed was Foxx’s top deputy, Joseph Magats.

Another document requested that Smollett appears at the hearing.

O’Brien wants to make sure nothing is destroyed.  She’s requested Foxx, Magats, and Smollett produce original documents in the criminal case.  That’s apparently to assure the public “that they have not been altered or destroyed and will not be destroyed throughout this case,” the Sun-Times reports.

The petition says that Foxx’s handling of the case was “plagued with irregularity.”

According to O’Brien, there’s a lot that stinks about the case.

Foxx informally recused herself from the case due to contact she had with a relative of Smollett’s during the investigation.  O’Brien argues she should have appointed a special prosecutor.

“Foxx’s conflict in this matter is beyond dispute,” O’Brien wrote, “instead, Foxx misled the public into believing that Smollett’s case was handled like any other prosecution and without influence.”

Last week, a judge called out Foxx for creating a double by prosecuting a woman for filing a false police report, but dropping similar charges against embattled “Empire” actor Jussie Smollett.

In Smollett’s case, she dropped a 16-count indictment just weeks after bringing the charges against the actor.  The deal she gave him didn’t require him to admit guilt.  Americans exploded in rage, and both the former mayor and the city’s top cop called it a “whitewash of justice”.


Cook County Judge Marc Martin was overseeing an unrelated case.  During it, he went after Foxx and her team for creating a troublesome precedent. He said that now anyone charged with filing a false report expects the same leniency that Smollett was given.

This case involves 21-year-old Candace Clark, who is facing one felony count of filing a false report. According to prosecutors, she gave a friend access to her bank account.  She then claimed the money had been stolen.  She denies the charges.

The also claims she’s the victim of Foxx’s double standard.

“Well, Ms. Clark is not a movie star, she doesn’t have a high-price lawyer, although, her lawyer’s very good. And this smells, big time,” Martin said to prosecutors during a recent hearing, Fox 32 reported. “I didn’t create this mess, your office created this mess. And your explanation is unsatisfactory to this court. She’s being treated differently.”

The judge wasn’t done.

“There’s no publicity on this case. She doesn’t have Mark Geragos as her lawyer or Ron Safer or Judge Brown. It’s not right. And (if) I proceed in this matter, you’re just digging yourselves further in a hole. (If the) press gets a hold of this, it’ll be in a newspaper. Why is Ms. Clark being treated differently than Mr. Smollett?”

Foxx recused herself from the Smollett case in February, after being asked by an Obama administration former team member to step in.  But she continued to oversee the investigation through text messages with her assistant Joseph Magats.

In those text messages, Foxx referred to Smollett as a “washed up celeb who lied to cops.”

But they also demonstrate that she cautioned Magats about throwing the book at Smollett.

“Sooo……I’m recused, but when people accuse us of overcharging cases…16 counts on a class 4 becomes exhibit A,” Foxx wrote to Magats on March 8.

She then referenced the case of singer R. Kelly.

“Pedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16. On a case eligible for deferred prosecution I think it’s indicative of something we should be looking at generally. Just because we can charge something doesn’t mean we should,” she added. 

Kelly was indicted on 10 counts of aggravated criminal sexual abuse in connection with four women. Three of them were underage.

Last month, President Trump said he requested a federal review of Foxx’s decision to drop the charges against Smollett.

He called Smollett “an absolute embarrassment to our country.”

Smollett had previously been involved with what seemed to be an elaborate hate crime hoax staged against himself by allegedly hiring two Nigerian brothers to “attack” him on the streets of Chicago.


Abimbola “Abel” and Olabinjo “Ola” Osundairo told police they were paid by Smollett to help stage the attack. (Image via Fox News)


The dropping of the charges comes as a shock to the nation after the extreme amount of press coverage on the issue, with social media ablaze with flip-flopping accounts of what actually went down.

Smollett is black and openly gay, blaming his attackers for singling him because of those factors. During the alleged attack, Smollett was jumped by two men who beat him, poured liquid bleach over his head, and reportedly wrapped a noose around his neck around 2am just a few months ago. When police arrived at his apartment following the attack, Smollett still had the noose around his neck.

“This is MAGA country!” Smollett claimed his attackers yelled while they were beating him.

Smollett also allegedly had sent a threatening hate mail letter to himself prior to the attack, but it didn’t draw much media.

The two brothers who were taken into police custody following the attack told authorities that Smollett had paid them $3,500 for helping with the hoax, promising an additional $500 following the act.

During the entirety of the investigation, Smollett denied any involvement in the attack, consistently maintaining that he played no part in creating a hoax.

“Jussie is relieved to have this situation behind him and is very much looking forward to getting back to focusing on his family, friends and career,” said Smollett’s lawyer.