Jussie Smollett

Will Jussie Smollett Be Prosecuted? – Will He Ever Work Again?

As was noted in a prior Frank Report story, former U.S. Attorney Dan Webb has been appointed as a Special Prosecutor to investigate the circumstances surrounding the sudden dismissal of all charges against Jussie Smollett by the Cook County State Attorney’s Office earlier this year.

Dan Webb

So, what are the odds that Smollett – and perhaps others – will end up facing new criminal charges sometime in the future?

Based on the known facts in the Smollett case – and Webb’s experience as a Special Prosecutor – I’d say pretty damn high.

To begin with, this is the sixth time that Webb has been appointed to serve as a Special Prosecutor or in a similar role. All of the other cases resulted in indictments – and either guilty pleas or convictions.

In the Smollett case, Webb has been tasked to do three things:
(1) Investigate if any person or office involved in the Smollett case engaged in wrongdoing;
(2) Determine if reasonable grounds exist to further prosecute Mr. Smollett; and
(3) Submit a final report to the Court and for the benefit of the Cook County Board of Commissioners detailing the progress and ultimate results of the investigation and any criminal prosecutions commenced.

*****

Timeline of the Smollett Case

The Smollett case has been going on for almost eight months. Here are the key dates, the key events, and the latest news:
January 29th: Smollett told Chicago police that he was attacked around 1:30 AM by two masked men he believed to be white while on his way back from a run to a local Subway store. According to Smollett, the two men started off with homophobic and racial slurs – and then went on to tie a noose around his neck and pour bleach on him.

Bodycam footage of Jussie Smollett at the time he reported the fake attack to the Chicago police. Now, we know what happened to all of Raniere’s old CBI sweaters.

January 30th: Investigators located a surveillance tape that showed two “potential persons of interest”.

February 1st: Smollett released a statement acknowledging that several skeptics had raised questions about the alleged attack on social media – and made the following statement: “I am working with authorities and have been 100 percent factual and consistent on every level. Despite my frustrations and deep concern with certain inaccuracies and misrepresentations that have been spread, I still believe that justice will be served”.

February 2nd: Smollett made his first public appearance since the alleged attack – and told the crowd at his concert: “I have so many words on my heart that I want to say, but the most important thing I can say is, thank you so much, and that I’m O.K.”.

February 11th: Smollett refused to turn over his phone to Chicago police and instead, provided them with redacted records that they say “…do not meet the burden for a criminal investigation”.

February 13th: Chicago police detained two brothers, Olabinjo and Abimbola Osundairo, when they arrived back in Chicago on a flight from their native country of Nigeria.

February 14th: Smollett appeared on Good Morning America – and told Robin Roberts: “I have so many words on my heart that I want to say, but the most important thing I can say is, thank you so much, and that I’m OK”.

February 15th: The Osundairo brothers were identified as suspects by the Chicago police – but then were released without any charges being filed against them. Later in the day, investigators announced that the brothers were no longer considered to be suspects but did not explain why.

February 16th: Chicago police indicated they want to speak with Mr. Smollett again amidst reports on numerous media outlets that the Osundairo brothers had told investigators that they were paid by Smollett to take part in a fake attack against him.

February 19th: Cook’s County State Attorney Kim Foxx announced that she was recusing herself from the Smollett case because of a potential conflict-of-interest – and appointed her First Deputy, Joseph Magats, to serve as the Acting Cook County State Attorney in the case.

February 20th: Smollett was charged by the Cook County State Attorney’s Office with one felony disorderly conduct charge.

February 21st: Smollett was arrested by Chicago police who indicated that he staged the fake assault because he was unhappy with his salary on the “Empire” TV show. He posted a $10,000 cash bond and was released.

March 8th: Smollett was indicted by a grand jury on 16 felony counts of disorderly conduct.

March 26th: The Cook County State Attorney’s Office dismissed all the pending charges against Smollett. In doing so, it released the following statement: “After reviewing all of the facts and circumstances of the case, including Mr. Smollett’s volunteer service in the community and agreement to forfeit his bond to the city of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case”.

April 11th: The City of Chicago filed a civil lawsuit against Smollett in U.S. District Court in which it seeks to recover the more than $130,000 it claims to have spent investigating Smollett’s false claims. Smollett has moved to have the lawsuit dismissed – and a hearing will be held next month to consider his request.

June 21st: Cook County Circuit Court Judge Michael P. Toomin ordered that a Special Prosecutor be appointed to independently investigate charges that Smollett staged the fake attack – and to determine why the Cook County State Attorney’s Office dismissed all the charges against him.

August 23rd: Judge Toomin appointed Dan Webb as the Special Prosecutor.

*****

Why Did Judge Toomin Appoint a Special Prosecutor?

Judge Toomin’s appointment of Webb came about after a retired judge petitioned the Cook County Circuit Court to assign a Special Prosecutor to get to “the whole truth” of what happened in the Smollett case.

Michael P. Toomin

At the time he ordered that a Special Prosecutor be appointed, Toomin indicated that there were “unprecedented irregularities” in how Cook’s County State Attorney Kim Foxx handled the case.

Kim Foxx

Toomin noted among other things that Foxx had appointed Magats to a “fictitious office” because there is no such position as Acting Cook’s County State Attorney. What she should have done Toomin noted is ask the Cook County Circuit Court to appoint a Special Prosecutor – which is exactly what he did.

Here the ship of the State ventured from its protected harbor without the guiding hand of its captain. There was no master on the bridge to guide the ship as it floundered through uncharted waters”, Toomin noted in his ruling.

As a result, Toomin noted, there was effectively no State’s attorney when Smollett was arrested, charged, indicted and arraigned – nor when the charges against him were ultimately dropped. Thus, all of those decisions were invalid.

*****

What Happens Next?

Webb and the team of lawyers that he has assembled from Winston & Strawn will have broad access to all the records concerning the Smollett case (By the way, the firm is undertaking this work on a pro bono basis).

They will also be able to subpoena key witnesses – and question them under oath à la Robert Mueller.

If the circumstances warrant, they will be able to recommend that new charges be brought against Smollett because there is no “double jeopardy” issue since Smollett never went to trial.

They will also be able to recommend that charges be brought against anyone else who acted illegally in terms of dismissing the charges against Smollett.

So, what happens next?

Liars lie…

Players play…

Runners run…

Singers sing…

And prosecutors – especially Special Prosecutors – prosecute.

In the end, I think they will only bring charges against Smollett.

But those charges may well be more serious than the felony disorderly conduct charges that he was originally facing.

Congratulations, Jussie Smollett…you are about to move on to a very serious new role: convicted felon!

Yep – Jussie Smollett will likely never work again as an actor or musician.

About the author

K.R. Claviger

51 Comments

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  • Too many opinions with no results. Why are they so interested in this case, when babies are being murdered, and they’ve NEVER appointed a special prosecutor to assist? This is DUMB. Time and money waisted for ego!!!

  • Too many opinions with no results. Why are they so interested in this case, when babies are being murdered, and they’ve NEVER appointed a special prosecutor to assist? This is DUMB. Time and money waisted for ego!!!

  • People lie each and every day. Why are you making such a big deal about this man possibly lying. Shit this bulls–t president lies everyday and you worship the toilet paper he wipes his a– on. Give me a brake. I bet each one of you have lied at least 4 times already today.

  • He is guilty of lying to everyone and their mothers and his mother. ‘Cause he goes hard on 45 meaning Trump. Jussy has no honor or integrity. He is a terrible narcissist. A disgrace. A small petty gay man Jussy Smollet.

  • If it had been a white person falsely accusing a black person, all hell would have broken loose, specially if he had used a rope and a noose as a prop, and for sure all the black activists would be demanding justice and severe punishment. Where are they now, why are they not demanding justice.
    This case will definitely set a precedence and will define if the law is really non prejudicial. Let’s bring someone who tried to hurt another raise, instigate hatred and has flat lied to better himself. He is selfish. Evil, arrogant and mostly guilty of committing a serious crime.he is someone who thought that by having an actirs title and recognition. That he was entitled. I also feel that those who helped him avoid prosecution and those tampered with the evidence, should be held liable, just as much as smollett. I hope that just6does prevail and that it causes his everything, so he can feel the pain for his wrong doing. This could have turned out to be very bad if riots or other serious scenarios would have come to floricion due to smollets lies.

  • I was done reading this report from the first few sentences since you chose to already start it out with lies! SMH! You reporters raly need to stop lying and just report the real facts of this case and stop adding all of the extra lies! JS never reported to the police that he was attacked by two white men! The CPD added that in and the the news media ran with it! He sad he could see pale skin around the eyes of one man and he never saw the second man! Two other witnesses told the same thing to the CPD but they describe at least one man was white but they also could not describe the second! Just stop lying already!

    • You need to read. Anyone with a functioning brain can see the guilt in this case. Smellit is going to be found guilty. As for acting? He never could act so no loss. You must be related or something because no one else believes he is innocent

      • Yeah. During the interview with Roberts, he pointed to the area btw the eyes & said I could see here or WHATEVER. An OBVIOUS attempt to try to get off of the subject of what color the alleged perps were. NOBODY would use that kind of terminology to describe an alleged physical attack. There is no such thing as ”whatever.” I’ve watched that interview several times, & have come to the same conclusion EVERY time, that he is a bold, pathetic, & non-repentant liar. He is an absolute DISGRACE & apparently has no conscience.Evil. An ABSOLUTE DISREGARD of the reality of TERRIBLE HORRIFIC CRIMES & SUFFERINGS inflicted upon INNOCENT people! Sufferings of terror, torture humiliation then death! Including being burned ALIVE! I watched the interview so many time over a period of weeks & months not to see if I changed my mind. But because I just cannot fathom how (just as the Chicago Police Chief cannot), understand how a person of color, after the terrible suffering that his ancestors were put through, so that his privileged, LYING (‘Punched his ass back’) (imaginary) only 3 friends in attendance, untalented self could be where he is today! UNGRATEFUL! DISRESPECTFUL! A LIAR & A DISCRACE! JUST TERRIBLE! All the humiliation, degradation,starvation, whippings, mameing, rapes, murders, sickness, and deaths and he’s got the COWARDLY nerve to do such a thing!! And even got the nerve during his BAD ACTING to bring his MOTHER into it! Like Weinstein had the nerve to ‘Swear on his children.’ AN ABSOLUTE DISCRACE. This DISCRACE of a human being, for egotistical selfish gain. For love of self & the almighty dollar is throwing who under the bus… Every TRUE victim of horrific crime! Tried to start a race war and a war btw the straight & gay community! He should be punished for what he has done! Oh, and concerning the bogus interview.. when a person is genuinely “crying” (tears), they DON’T catch the tear in midstream on the back of their index finger & STOP to LOOK AT IT for SPECIAL EFFECTS! Once AGAIN, BAD ACTING! Including the ficticousf “friend” who called this bogus idiot “Sweetie”. Booooooo! Dumbass! SMH!

    • Why doesn’t Chicago spend their resources on solving all those murders, disappeared women, and children? This is a waste of taxpayers money.

  • No way is he going to get charged. Hell would break loose in black communities. Kimm Foxx should be charged but that will never happen.

  • He’s never gonna get charged. Hell would brake loose in all the black communities. Plus con man ex felon Al Sharpton will call for civil disobedience as will do nothing Jesze Jac6.

  • If this idiot was white..he would be serving time by now.

    But BECAUSE he is black..AND gay he is getting a pass. People are truly sick of this double standard for selective democracy that once more is being exposed as a sham. It really is just bloodline and money and who you know. This guys face creeps me out. Gays AND blacks are EMBARRASED. They both should disown this charlatan.

  • This bizarre episode epitomizes our current Victimhood Culture. Want status? Want fame? Want $$? Play the victim!

    Seriously, this kind of thing would be unimaginable 10 or 20 years ago. Somebody might fake being a hero, but they’d never dream of faking being a victim.

    • Anyone who knows Chicago knows that where Smollett lived, the Streeterville neighborhood, is like an upscale San Francisco or West Hollywood.
      More of a tourist magnet than anything else.
      You could not find two MAGA supporters in Streeterville or anywhere else within ten miles of that area.

      • And had you actually read the police report, you would have seen that JS never once said they were wearing MAGA hats. The press decided to say that after the CPD reported it because they saw the two brother purchasing ref hats. JS also never said they were white! He started to the police that he could only see pale skin around the eyes of one man and he never saw the second! It was two eyewitnesses that also saw the men that night that reported at least one man was white! That’s where the CPD got that from! If you read the report on would see that the CPD lied from the very beginning of this case and has never stopped lying! But you just want to hate on Jussie because he’s a black gay celebrity!

  • Winston and Strawn is the top law firm in Chicago with lots of political clout.

    “Winston & Strawn LLP is an international law firm with nearly 1,000 attorneys in 16 offices in the United States, Europe, Asia, and the Middle East. Founded in 1853, it is the oldest law firm in the city of Chicago[2] and one of the largest law firms in the world. Known as a “litigation powerhouse,” the firm is recognized for its intellectual property litigation and financial services disputes practices in Silicon Valley and New York, respectively”

    A former partner at Winston and Strawn is former Illinois Governor James Thompson, Governor from 1977 to 1991 and a former US Attorney.
    Thompson also served on the Commission investigating the 9-11 attacks.
    https://en.wikipedia.org/wiki/Winston_%26_Strawn

    https://en.wikipedia.org/wiki/James_R._Thompson

    Jussie Smollett is dead meat.

    • “Juicey has deep psychological problems from being a gay suppressed black man.”

      So Jussie Smollett is yet another victim.
      A victim who was an overpaid TV actor and lived in one of the best neighborhoods in Chicago.

      • No, but it was a great performance of a gay suppressed black man.
        And the rope. Any normal person would have immediately taken it off. It’s hard being a rich gay black man. Of course, it’s my opinion and I see how absolutely ridiculous he is. I think about everyone before him that gave their lives like the late Dr. King, people who paved the way for the brothers to be equal to be free of a world of hate and ignorance. Way to go Juicy obviously he didn’t care about his lineage.

    • But just think , hes has to hide the rest of his life and only go to places no one can do him in , but someone like that trying to cuz a real fire fight for the USA , u dont blong here , your a piece of shit straight up , really I don’t want to wish bad on no one , but one like u , I hope u get hit by a TRUCK , and give the United states one less PROBLEM , it’s like THE MAN HANK SINGS DONT GIVE US A REASON.

    • Are you saying it’s someone else’s fault Hussie decided to be gay? Suppressed? Ridiculous. He was living very well off his mediocre acting and this country gave him opportunities others wish they had. No excuse for what he did. He is a rasict and the world is better off without his kind

    • For sure. All the more reason to appreciate what what he does actually have. Cause there are numerous others out there that have the same circumstances that are not on tv every week, nor live in “upscale” houses, nor have a singing career (though he cannot sing). And to even have the nerve to, while lying, bring his poor mother into the pathetic mix. SMH. Discraceful!

  • No question, he will never work again in the entertainment industry. That’s a given. What a Pussie he is.

    But once he gets prosecuted and put in prison he’ll be in great company with all the other “innocents”….It’s a legacy list!

    OJ Simpson, Keith Raniere, Bill Cosby, Jodi Arias, 50 Cent, Epstein, Chris Brown, R Kelly, Suge Knight, Tupac…Etc, etc, etc

    Be sure your sins will find you out….Tick Tock Jussie

      • It was a special bleach, cause it came out of a hot sauce bottle! 😂Report said that bleach was found in a Hot sauce bottle that was found during a search at those two dummies apt. You know the ones? The ones that are sueing cause their ‘repuations’ are being slandered. 🤡🤡🤠

      • Yeah, we never hear a peep about the supposed bleach. Guess there were so many fake things to talk about first, so maybe the police forgot. Are their memories fading while Juicy’s is so clear? Maybe Juicy managed to rinse it out when he finally finished watching CNN (the ch that his tv on the wall, was turned onto when police finally arrived). Nothing helps to take your mind of an awful homophobic/racist/physical beating/lynching & bleaching attack like a good CNN interview! Just sayin!

About Frank Parlato

About Frank Parlato

Frank Parlato is an investigative journalist.

His work has been cited in major publications all over the world, including The New York Times, The Daily Mail, VICE News, CNN, Fox News, Rolling Stone, People Magazine, and more.

Frank Report is dedicated to Frank's investigative journalism and the pursuit of truth.

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