Accuracy in Media

Kim Foxx, County Cook’s State Attorney will not have to testify about her action(s) and reasoning for dismissing Empire actor Jussie Smollett’s criminal charges even though a special prosecutor requested information on how the case was handled. 

Foxx’s top assistant will also skip testifying.

Last Friday a Cook County Judge, Michael Toomin, dismissed subpoenas from an Illinois Appellate Court Judge (Sheila O’Brien) that said Foxx and the top assistant will testify or appear.

Judge Toomin also denied requests for a change of venue/location, a new out-of-county judge, and an explanation on Toomin handling Friday’s court hearing.

Judge Toomin has not made a final decision on a request for a special prosecutor.

O’Brien, who like many others wants answers, said, “We’re all at a loss as to how this got here.”

Since the “Empire” star case gained national attention the Cook County inspector general started reviewing Foxx’s handling of the Smollett case. Since March the story has gained continuous national attention. The case only raised more eyebrows when Foxx’s office dropped more than a dozen felony disorderly conduct charges against the actor.


On January 29, Smollett reported that two men were yelling racial and homophobic slurs at him while being beaten. Chicago detectives soon discovered that the Empire actor had orchestrated the whole thing as a plan to gain more attention as an actor. He was later charged for “filing a false police report.”

Marissa Martinez is a political contributor for Accuracy in Media. She is the former political director to Massachusetts Governor’s re-election campaign, alumna of the U.S. Chamber of Commerce, and political consultant to national PACs. Follow her stories, @MarissaAlisa.

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