Cook County or any of its incorporated municipalities can't bring suit in civil court?
Battyman actor from Empire allegedly gets jumped in Chicago; Update: Arrested for filing fake report
- Thread starter cli-terminator
- Start date
They can sue if they incurred expenses but they still have to prove that it was a hoax and they could really get a bloody nose with a countersuit, so I am sure that they won't sue Jussie.
Remember that the prosecutor exercised her discretion to not proceed with the case, so it was not hampered by something that Jussie did.
The fake outrage over this shit is mind boggling.
from the information released in the last few days - I think they have a preponderance of evidence to prove a hoax - even without the brothers cooperating.
wild speculation on my part: how far will Rahm n Co go to find out which power player(s) put a finger on the scale in this case
Anyway, from this day forward I am no longer a Democrat. I will only vote by race and if I feel deeply about a candidate. Democrats are a bunch of invertebrates who take Black people for granted and they think it's cute. Let this shit burn down with Trump in control, me and mine will always be ok.
are you surprised at ALL at this conclusion?
Is this common?
And why all the grandstanding then by the all this old rich white men?
Juicy must got video of him and someone powerful playing footsie
Fags stay trappin niggas up
@27:00
Hmmm....
You brothers appear correct.
https://www.thedailybeast.com/jussi...y-on-prosecuting-case?source=articles&via=rss
It took you this long to feel this way?
The Democrats have been pussies for the past 20+ years.
We had a president impeached for fuckin someone. Trump could film himself and post it on Twitter and Republicans would say it's an office perk.
“I am not perfect, nor is any other prosecutor out there, but ensuring that I and my office have our community’s trust is paramount.”
This Op Ed reads like she is attempting covering her ass in the court of public opinion...
If there is a real federal or independent probe - and if this plea deal is as dirty as it seems - her office's reaction when the US attorney asks for access to the sealed court records will tell the tale - and then lets see what records survive or available to be shared from her office and the court
In any case, my reply to Jagu - was saying what he already knows, the burden of proof is different in a civil court.
In a criminal court they need to prove beyond a reasonable doubt to convict
If the city sues Jussie - IMO (as a non lawyer)- CPD's case work that they made public -showing timelines, interviews, evidence collected, along with the brothers' grand jury testimony used to get indictments.... could equal a long day for team Jussie in a civil suit
All of this will continue to get worse if Jussie doesn't change the narrative or find away to show contrition or humility - right now he is walking in OJs footsteps
yeah it is
where is the outrage over the muller report or the college cheating scandal?
oh i forgot... the faces of those scandals aren't black
55 pages?
There were a number of situations in the last few years that have led me to finally say that, "I'M DONE!" with Democrats, WHITE Liberals, etc.
These people honestly don't care about the rights of others because it doesn't fuck with their status quo. They just choose to make (in their racist minds) maternal/paternal so-called intellectual discussion about Black folks and keep it moving. And many of them truly benefit from a system that totally fucks with Black people in this country.
For NO ONE Black Politico (in Chicago) to even call out Rahm Emanuel on his racist lying hypocritical bullshit is nothing short of disgusting to me. To my knowledge, those two Sistas vying for Emanuel's position haven't said shit. Neither have The Obamas for that matter.
I've been telling a lot of my White Liberal "acquaintances" that I'm glad that Moron's in The WHITE House. If anything, he's exposed this country for what it truly. You know that shit didn't go over well. Because most of all, it calls into question their personal accountability. Especially in regards to Race.
It's not like Black folks haven't been through this shit before. And like You exclaim, just let this shit burn. We as Black folks in this country have dealt with this shit for centuries. And somehow survived. Nothing's different except the technology.
I just wish we would rally around a certain issue (Or two. Or three) in which WE can agree strategically.
What Smollet did(?) was nothing short of bone-headed.
But what Emanuel and his CPD Flunky are doing is way worse.
Understood
Why is Jussie being so damn defiant?
Why he dying on this hill?
I actually think all anyone from any sides wants is a i was wrong im sorry.
@7:00
@7:00
You can only be trapped by a fruit if you put your hand in the fruit bowl
Jussie Smollett: Judge considers media request to unseal file, says decision will be weeks
Don Babwin, The Associated PressPublished 7:07 p.m. ET April 2, 2019
'Empire' actor Jussie Smollett, who was accused of staging a hate-crime attack, was dropped of all charges by prosecutors. How does the FBI define a hate-crime attack? We explain. USA TODAY
CONNECTTWEETLINKEDINCOMMENTEMAILMORE
CHICAGO – A judge said Tuesday that it will be several weeks before he decides whether to make public the court file in the Jussie Smollett case, delaying the possibility for media organizations to read it for clues about why prosecutors, without explanation, announced the decision last week to dismiss the charges against the "Empire" actor.
During a brief hearing, Cook County Judge Steven Watkins said he didn't agree with attorneys representing media organizations, including The Associated Press, that the public's right to see the file represented an emergency. Watkins set a schedule for motions and arguments that he said would result in his written decision in late May.
Smollett did not attend the hearing but his attorney said there was no emergency that would warrant an immediate decision.
The judge's decision keeps the public in the dark about what prompted the Cook County State's Attorney to drop the charges just days after securing a 16-count indictment against Smollett that alleged he staged an attack by two men who hurled racist and homophobic slurs at him before beating him and looping a noose around his neck.
Jussie Smollett: How did prosecutors go from indictment to wrist slap?
More: Jussie Smollett investigation cost $130,000 in OT. Rahm Emanuel says Chicago will make 'Empire' actor pay
City officials, including Mayor Rahm Emanuel and Police Superintendent Eddie Johnson, blasted the decision to strike a deal with the actor without any explanation. Johnson said that Smollett had chosen to "hide behind secrecy and broker a deal to circumvent the judicial system."
The decision has sparked outrage in the city and across the country. According to the filing by the media organizations, it also "put Chicago's government and our criminal justice system squarely in the spotlight."
Chicago Tribune, Cook County State's Attorney Kim Foxx said while her office's decision to drop the charges does not exonerate Smollett, as the actor has claimed, she indicated that some of the evidence made getting a conviction "uncertain."
Police maintain Smollett staged the attack to promote his career, and Chicago officials have ordered him to pay more than $130,000 to cover the cost of the investigation.
Media organizations said in their filing that because there was no clear explanation why prosecutors dropped the charges, even a temporary delay of the press's First Amendment rights is harmful, and that "delaying access stifles the flow of information to the public."
Don Babwin, The Associated PressPublished 7:07 p.m. ET April 2, 2019
'Empire' actor Jussie Smollett, who was accused of staging a hate-crime attack, was dropped of all charges by prosecutors. How does the FBI define a hate-crime attack? We explain. USA TODAY
CONNECTTWEETLINKEDINCOMMENTEMAILMORE
CHICAGO – A judge said Tuesday that it will be several weeks before he decides whether to make public the court file in the Jussie Smollett case, delaying the possibility for media organizations to read it for clues about why prosecutors, without explanation, announced the decision last week to dismiss the charges against the "Empire" actor.
During a brief hearing, Cook County Judge Steven Watkins said he didn't agree with attorneys representing media organizations, including The Associated Press, that the public's right to see the file represented an emergency. Watkins set a schedule for motions and arguments that he said would result in his written decision in late May.
Smollett did not attend the hearing but his attorney said there was no emergency that would warrant an immediate decision.
The judge's decision keeps the public in the dark about what prompted the Cook County State's Attorney to drop the charges just days after securing a 16-count indictment against Smollett that alleged he staged an attack by two men who hurled racist and homophobic slurs at him before beating him and looping a noose around his neck.
Jussie Smollett: How did prosecutors go from indictment to wrist slap?
More: Jussie Smollett investigation cost $130,000 in OT. Rahm Emanuel says Chicago will make 'Empire' actor pay
City officials, including Mayor Rahm Emanuel and Police Superintendent Eddie Johnson, blasted the decision to strike a deal with the actor without any explanation. Johnson said that Smollett had chosen to "hide behind secrecy and broker a deal to circumvent the judicial system."
The decision has sparked outrage in the city and across the country. According to the filing by the media organizations, it also "put Chicago's government and our criminal justice system squarely in the spotlight."
Chicago Tribune, Cook County State's Attorney Kim Foxx said while her office's decision to drop the charges does not exonerate Smollett, as the actor has claimed, she indicated that some of the evidence made getting a conviction "uncertain."
Police maintain Smollett staged the attack to promote his career, and Chicago officials have ordered him to pay more than $130,000 to cover the cost of the investigation.
Media organizations said in their filing that because there was no clear explanation why prosecutors dropped the charges, even a temporary delay of the press's First Amendment rights is harmful, and that "delaying access stifles the flow of information to the public."
Maxine Waters on Jussie Smollett: 'It's the correct thing that the charges were dropped'
BY TRISTAN LEJEUNE - 04/01/19 12:42 PM EDT 536
1,071
Jussie Smollett has found a defender in Rep. Maxine Waters — the California Democrat says dropping felony charges against the "Empire" actor was the right move.
"It’s the correct thing that the charges were dropped," Waters said in a Sunday interview with "Extra" at the NAACP Image Awards. Waters was honored with the Chairman's Award, while Smollett was nominated, but lost, for his work on the Fox series.
"First of all, we probably will never know all of the details. We’ve heard a lot of information," said Waters. "No one was hurt — that is, physically, killed, shot — he never committed a crime before, he forfeited the bail and it’s this kind of situation where they close the case all over the country every day. I have learned this isn't unusual."
The 36-year-old performer had been charged with disorderly conduct for allegedly filing a false report after he told Chicago police in January he was the victim of a racist and homophobic attack.
Smollett had said he was assaulted by two men who beat him, placed a rope around his neck and poured an unknown chemical substance on him as they yelled racial and homophobic slurs. He later told authorities that the two alleged assailants also shouted the pro-Trump phrase, “This is MAGA country!”
Last month, Smollett was indicted on 16 felony counts by a grand jury in Cook County, Illinois, with Chicago police saying he had orchestrated the attack on himself to boost his "Empire" salary.
But in a widely unexpected and controversial move, prosecutors there dropped the charges last week. Smollett has maintained his innocence.
President Trump, who had denounced the attack when it was first reported, said Thursday that the FBI and Justice Department will "review the outrageous Jussie Smollett case in Chicago," which he called "an embarrassment to our Nation."
At Sunday's awards show in Hollywood, Waters, 80, called Smollett "an extremely talented man who people have come to love because he is on TV."
"I’m hopeful that he will go on with his career and be successful," said the House Financial Services Committee chairwoman. Waters, who told the entertainment news program that she hasn't spoken to Smollett since the charges were dropped, said she would "love" to have the chance. "I am looking forward to seeing him very soon," Waters said.
BY TRISTAN LEJEUNE - 04/01/19 12:42 PM EDT 536
1,071
Jussie Smollett has found a defender in Rep. Maxine Waters — the California Democrat says dropping felony charges against the "Empire" actor was the right move.
"It’s the correct thing that the charges were dropped," Waters said in a Sunday interview with "Extra" at the NAACP Image Awards. Waters was honored with the Chairman's Award, while Smollett was nominated, but lost, for his work on the Fox series.
"First of all, we probably will never know all of the details. We’ve heard a lot of information," said Waters. "No one was hurt — that is, physically, killed, shot — he never committed a crime before, he forfeited the bail and it’s this kind of situation where they close the case all over the country every day. I have learned this isn't unusual."
The 36-year-old performer had been charged with disorderly conduct for allegedly filing a false report after he told Chicago police in January he was the victim of a racist and homophobic attack.
Smollett had said he was assaulted by two men who beat him, placed a rope around his neck and poured an unknown chemical substance on him as they yelled racial and homophobic slurs. He later told authorities that the two alleged assailants also shouted the pro-Trump phrase, “This is MAGA country!”
Last month, Smollett was indicted on 16 felony counts by a grand jury in Cook County, Illinois, with Chicago police saying he had orchestrated the attack on himself to boost his "Empire" salary.
But in a widely unexpected and controversial move, prosecutors there dropped the charges last week. Smollett has maintained his innocence.
President Trump, who had denounced the attack when it was first reported, said Thursday that the FBI and Justice Department will "review the outrageous Jussie Smollett case in Chicago," which he called "an embarrassment to our Nation."
At Sunday's awards show in Hollywood, Waters, 80, called Smollett "an extremely talented man who people have come to love because he is on TV."
"I’m hopeful that he will go on with his career and be successful," said the House Financial Services Committee chairwoman. Waters, who told the entertainment news program that she hasn't spoken to Smollett since the charges were dropped, said she would "love" to have the chance. "I am looking forward to seeing him very soon," Waters said.
@jagu @ViCiouS @4 Dimensional
https://www.cnn.com/2019/03/30/us/jussie-smollett-tina-tchen/index.html
Michelle Obama's ex-top aide texted the Jussie Smollett prosecutor early in the case. Some want that investigated
By Ray Sanchez, CNN
Updated 11:14 AM ET, Sat March 30, 2019
State's Attorney Kim Foxx defends Smollett decision
CHICAGO, ILLINOIS - MARCH 26: Actor Jussie Smollett leaves the Leighton Courthouse after his court appearance on March 26, 2019 in Chicago, Illinois. This morning in court it was announced that all charges were dropped against the actor. (Photo by Nuccio DiNuzzo/Getty Images)
State's Attorney Kim Foxx defends Smollett decision
NEWARK, NJ - JANUARY 31: A United Airlines jet sits parked at Newark Liberty International Airport as seen from the window of a Customs and Border Protection (CBP), Blackhawk helicopter ahead of Super Bowl XLVIII on January 31, 2014 in Newark, New Jersey. Helicopters flown by 'air interdiction agents' from the CBP's Office of Air and Marine (OAM), are providing air support for Super Bowl XLVIII between the Denver Broncos and the Seattle Seahawks this Sunday. (Photo by John Moore/Getty Images)
Technical issue causes flight delays nationwide
LOS ANGELES, CA - FEBRUARY 07: Nipsey Hussle attends the Warner Music Pre-Grammy Party at the NoMad Hotel on February 7, 2019 in Los Angeles, California. (Photo by Randy Shropshire/Getty Images for Warner Music)
Police arrest suspect in fatal shooting of Nipsey Hussle
CHICAGO, ILLINOIS - MARCH 26: Actor Jussie Smollett leaves the Leighton Courthouse after his court appearance on March 26, 2019 in Chicago, Illinois. This morning in court it was announced that all charges were dropped against the actor. (Photo by Nuccio DiNuzzo/Getty Images)
State's Attorney Kim Foxx defends Smollett decision
WEST PALM BEACH, FL - FEBRUARY 11: The Mar-a-Lago Resort is seen where President Donald Trump is hosting Japanese Prime Minister Shinzo Abe on February 11, 2017 in West Palm Beach, Florida. The two are scheduled to get in a game of golf as well as discuss trade issues. (Photo by Joe Raedle/Getty Images)
Feds: Woman illegally entered Trump's Mar-a-Lago club
(CNN)Tina Tchen's longtime friend wasn't surprised the former Obama administration aide helped connect Jussie Smollett's family with a top Illinois prosecutor.
Weeks before a grand jury indicted Smollett on the theory he falsely reported being the victim of a hate crime, relatives of the actor, who is black and gay, had expressed to Tchen "concerns about the investigation" by Chicago police.
The many twists and turns in the Jussie Smollett investigation
Getting the right person to take those sort of concerns seriously has been a hallmark of Tchen's career, highlighted by a stint as then-first lady Michelle Obama's chief of staff and now by her work leading a probe of workplace culture at the Southern Poverty Law Center.
"Long before Black Lives Matter, long before Time's Up, long before #MeToo, we were aware of how difficult it is to be believed as a woman, as a gay, as a black," Tchen's friend, Marilyn Katz, said. "Our whole lives have taught us that lesson."
But the involvement of Tchen, a Harvard graduate who earned her law degree from Northwestern University, in the Smollett case has sparked accusations of favoritism, particularly after the office of Cook County State's Attorney Kim Foxx this week dropped 16 felony charges of disorderly conduct against Smollett. In exchange, he agreed to forfeit his $10,000 bail and complete community service.
Tchen, 63, said her contact with Foxx on behalf of Smollett's family was not intended to influence the case's outcome.
Tina Tchen has long prioritized equity and empathy, fellow attorneys and activists said.
Tina Tchen has long prioritized equity and empathy, fellow attorneys and activists said.
"I know members of the Smollett family based on prior work together," she said this week in a statement.
"Shortly after Mr. Smollett reported he was attacked, as a family friend, I contacted Cook County State's Attorney Kim Foxx, who I also know from prior work together. My sole activity was to put the chief prosecutor in the case in touch with an alleged victim's family who had concerns about how the investigation was being characterized in public."
That explanation, however, hasn't quieted calls for investigations into whether Smollett got off easy because of his fame and well-placed connections, perhaps including Tchen.
Smollett's camp denies the claims. Tchen did not respond beyond her statement to CNN's request for comment.
Tchen texts prosecutor of family's 'concerns'
Smollett told police two men attacked him on January 29, yelling racist and homophobic slurs while striking him. He said the assault ended with a noose placed around his neck and a chemical poured on him.
Tchen reached out to Foxx just three days after the attack report, according to text and email messages obtained by CNN through a public records request. She wrote that the family had "concerns about the investigation."
It's unlikely Jussie Smollett was going to prison, state's attorney tells Chicago TV station
It's unlikely Jussie Smollett was going to prison, state's attorney tells Chicago TV station
Foxx emailed Tchen later that day, saying in part, "Spoke to the (Police) Superintendent (Eddie) Johnson. I convinced him to Reach out to FBI to ask that they take over the investigation. He is reaching out now and will get back to me shortly."
On that same day, another person, identified by Foxx's office as a Smollett family friend, texted the prosecutor to ask whether they could talk by phone, the records show. "Tina Tchen gave me your number," the friend wrote.
Hours later, Foxx responded by text to the family friend, whose identity is redacted in the public records.
"Spoke to the superintendent earlier, he made the ask. Trying to figure out the logistics. I'll keep you posted," the prosecutor wrote.
"Omg this would be a huge victory," the family friend responded.
"I make no guarantees, but I'm trying," Foxx replied.
Chicago police have said the FBI "has been involved since Day One ... providing technical assistance to our officers" in the Smollett case. Johnson has said he was "amenable" to talking about having the FBI lead the Smollett investigation but police and federal officials decided it would be most appropriate for Chicago police to stay at the helm, he told USA Today.
Foxx did not respond to CNN's request for comment.
Foxx ties recusal to interaction with family
Foxx and the family friend exchanged text messages until February 13, Cook County State's Attorney's Office spokeswoman Tandra Simonton has said.
Around that same time, in mid-February, Foxx decided to recuse herself from decision-making in the case after consulting with her ethics officer in the state's attorney's office, she told CNN affiliate WLS on Wednesday. It became clear Smollett had gone from victim to suspect, she said.
Prosecutor who dropped charges: Smollett isn't innocent 02:44
"We sat down and we talked about the fact that ... I don't want any speculation or concern," she said. "I don't even want the appearance that my involvement with this case, having now seen or talked to a family member, would in any way impede this investigation. So, I made the decision in that consultation to say, 'Wall me off.'"
Foxx said she turned the case over to her first assistant one week before any charges were filed.
Soon after that, evidence began to emerge publicly that Smollett allegedly paid two men to orchestrate the reported assault on him. Police on February 21 arrested Smollett, saying they believed the actor faked the attack to bolster his profile and career. Smollett has maintained that he has been "truthful and consistent" about the assault.
Foxx's office charged Smollett and "believed that they could prove him guilty," Foxx told WLS. She later asserted "specific aspects of the evidence and testimony ... would have made securing a conviction against Smollett uncertain," according to a commentary Friday in The Chicago Tribune in which the prosecutor also welcomed an outside review of how the case was handled.
Foxx consistently has said Smollett qualified for a diversion program because of the low level of the crimes and his clean record.
'No political influence,' Smollett's lawyer says
But since the charges were dismissed this week, Foxx's office's handling of the case has come under fire, including from the National District Attorneys Association, which released a statement recommending, in part, that prosecutors should not take advice from politically active friends of the accused in high-profile cases.
Chief prosecutor says Smollett could've been proven guilty
Chief prosecutor says Smollett could've been proven guilty 01:05
The Smollett case, the group wrote, illustrates that "the rich are treated differently, the politically connected receive favorable treatment, and Lady Justice sometimes peeks under her blindfold to see who stands before her."
Smollett's attorney, Patricia Brown Holmes, said the actor received no special favors or calls on his behalf.
"There was no political influence in this case," she said.
Chicago's police union has called for a federal investigation to determine the extent of Foxx's involvement in the case. The demand is based on news reports about the text messages between Foxx and an attorney about "diverting the case from Chicago police department to a federal investigation," said Kevin Graham, president of the Chicago Fraternal Order of Police.
President Donald Trump, via Twitter on Thursday, vowed an FBI and Department of Justice review.
Meantime, Foxx has denied any favoritism.
"I don't want people to believe that there are two measures of justice for the privileged and those without," she told WLS. "That's why we're so transparent."
Tchen 'is someone who seeks practical solutions'
Those who know Tchen, an Ohio native and the daughter of a psychiatrist from China, point to a career marked by equity and empathy in rendering her apparently limited involvement in the Smollett case not unexpected.
"I don't know if we'll ever know the truth of the situation," Katz, a Chicago public relations adviser and political activist, said of the Smollett case. "My first impression is that Tina and I -- long before #MeToo -- are women who worked on the anti-rape movement and changing police attitudes towards rape victims.
As Jussie Smollett proclaims innocence, mayor and police chief take aim at 'whitewash of justice'
"We're old enough to have known when police don't believe black people and police don't believe women and police don't believe gay people," she said.
Besides her stint as the former first lady's chief of staff, Tchen, a longtime Democratic activist, also worked as an assistant to former President Barack Obama and as executive director of the White House Council on Women and Girls.
"Tina always really wants to make sure that she is connecting people and making sure the work she's doing is front and center in her life," said Jordan Brooks, who worked for Tchen at the White House and is now managing director of the nonprofit, The United State of Women.
As leader of the Workplace Cultural Compliance practice at the legal and financial services firm Buckley, Tchen now is conducting a "top-to-bottom external review" of workplace culture at the Southern Poverty Law Center, which is reeling from allegations over its own treatment of minority and female employees.
Tchen "is someone who seeks practical solutions and ... I think it's been a consistent thing that I have seen her do in different iterations of her career," said Fatima Goss Graves, president and CEO of National Women's Law Center.
Noted Katz: "Nobody ever puts Tina up to anything -- let's be really clear."
Katz met Tchen when they and others in the 1980s founded the group, Cook County Democratic Women, Katz said. Members still gather to celebrate each other's birthdays and to press their positions in the public square.
Those coequal aims, she said, reflect the kind of personal and policy priorities Tchen seems to have acted on in the Smollett case.
"If anything happened, we would call someone we knew and say, 'I'm concerned about a friend.
Can you make sure that it's on the up-and-up?'" Katz said of the political organization. "We would call each other and say, 'I'm worried about something. What do you think or can you help?' -- without thinking about it."
https://www.cnn.com/2019/03/30/us/jussie-smollett-tina-tchen/index.html
Michelle Obama's ex-top aide texted the Jussie Smollett prosecutor early in the case. Some want that investigated
By Ray Sanchez, CNN
Updated 11:14 AM ET, Sat March 30, 2019
State's Attorney Kim Foxx defends Smollett decision
CHICAGO, ILLINOIS - MARCH 26: Actor Jussie Smollett leaves the Leighton Courthouse after his court appearance on March 26, 2019 in Chicago, Illinois. This morning in court it was announced that all charges were dropped against the actor. (Photo by Nuccio DiNuzzo/Getty Images)
State's Attorney Kim Foxx defends Smollett decision
NEWARK, NJ - JANUARY 31: A United Airlines jet sits parked at Newark Liberty International Airport as seen from the window of a Customs and Border Protection (CBP), Blackhawk helicopter ahead of Super Bowl XLVIII on January 31, 2014 in Newark, New Jersey. Helicopters flown by 'air interdiction agents' from the CBP's Office of Air and Marine (OAM), are providing air support for Super Bowl XLVIII between the Denver Broncos and the Seattle Seahawks this Sunday. (Photo by John Moore/Getty Images)
Technical issue causes flight delays nationwide
LOS ANGELES, CA - FEBRUARY 07: Nipsey Hussle attends the Warner Music Pre-Grammy Party at the NoMad Hotel on February 7, 2019 in Los Angeles, California. (Photo by Randy Shropshire/Getty Images for Warner Music)
Police arrest suspect in fatal shooting of Nipsey Hussle
CHICAGO, ILLINOIS - MARCH 26: Actor Jussie Smollett leaves the Leighton Courthouse after his court appearance on March 26, 2019 in Chicago, Illinois. This morning in court it was announced that all charges were dropped against the actor. (Photo by Nuccio DiNuzzo/Getty Images)
State's Attorney Kim Foxx defends Smollett decision
WEST PALM BEACH, FL - FEBRUARY 11: The Mar-a-Lago Resort is seen where President Donald Trump is hosting Japanese Prime Minister Shinzo Abe on February 11, 2017 in West Palm Beach, Florida. The two are scheduled to get in a game of golf as well as discuss trade issues. (Photo by Joe Raedle/Getty Images)
Feds: Woman illegally entered Trump's Mar-a-Lago club
(CNN)Tina Tchen's longtime friend wasn't surprised the former Obama administration aide helped connect Jussie Smollett's family with a top Illinois prosecutor.
Weeks before a grand jury indicted Smollett on the theory he falsely reported being the victim of a hate crime, relatives of the actor, who is black and gay, had expressed to Tchen "concerns about the investigation" by Chicago police.
The many twists and turns in the Jussie Smollett investigation
Getting the right person to take those sort of concerns seriously has been a hallmark of Tchen's career, highlighted by a stint as then-first lady Michelle Obama's chief of staff and now by her work leading a probe of workplace culture at the Southern Poverty Law Center.
"Long before Black Lives Matter, long before Time's Up, long before #MeToo, we were aware of how difficult it is to be believed as a woman, as a gay, as a black," Tchen's friend, Marilyn Katz, said. "Our whole lives have taught us that lesson."
But the involvement of Tchen, a Harvard graduate who earned her law degree from Northwestern University, in the Smollett case has sparked accusations of favoritism, particularly after the office of Cook County State's Attorney Kim Foxx this week dropped 16 felony charges of disorderly conduct against Smollett. In exchange, he agreed to forfeit his $10,000 bail and complete community service.
Tchen, 63, said her contact with Foxx on behalf of Smollett's family was not intended to influence the case's outcome.
Tina Tchen has long prioritized equity and empathy, fellow attorneys and activists said.
Tina Tchen has long prioritized equity and empathy, fellow attorneys and activists said.
"I know members of the Smollett family based on prior work together," she said this week in a statement.
"Shortly after Mr. Smollett reported he was attacked, as a family friend, I contacted Cook County State's Attorney Kim Foxx, who I also know from prior work together. My sole activity was to put the chief prosecutor in the case in touch with an alleged victim's family who had concerns about how the investigation was being characterized in public."
That explanation, however, hasn't quieted calls for investigations into whether Smollett got off easy because of his fame and well-placed connections, perhaps including Tchen.
Smollett's camp denies the claims. Tchen did not respond beyond her statement to CNN's request for comment.
Tchen texts prosecutor of family's 'concerns'
Smollett told police two men attacked him on January 29, yelling racist and homophobic slurs while striking him. He said the assault ended with a noose placed around his neck and a chemical poured on him.
Tchen reached out to Foxx just three days after the attack report, according to text and email messages obtained by CNN through a public records request. She wrote that the family had "concerns about the investigation."
It's unlikely Jussie Smollett was going to prison, state's attorney tells Chicago TV station
It's unlikely Jussie Smollett was going to prison, state's attorney tells Chicago TV station
Foxx emailed Tchen later that day, saying in part, "Spoke to the (Police) Superintendent (Eddie) Johnson. I convinced him to Reach out to FBI to ask that they take over the investigation. He is reaching out now and will get back to me shortly."
On that same day, another person, identified by Foxx's office as a Smollett family friend, texted the prosecutor to ask whether they could talk by phone, the records show. "Tina Tchen gave me your number," the friend wrote.
Hours later, Foxx responded by text to the family friend, whose identity is redacted in the public records.
"Spoke to the superintendent earlier, he made the ask. Trying to figure out the logistics. I'll keep you posted," the prosecutor wrote.
"Omg this would be a huge victory," the family friend responded.
"I make no guarantees, but I'm trying," Foxx replied.
Chicago police have said the FBI "has been involved since Day One ... providing technical assistance to our officers" in the Smollett case. Johnson has said he was "amenable" to talking about having the FBI lead the Smollett investigation but police and federal officials decided it would be most appropriate for Chicago police to stay at the helm, he told USA Today.
Foxx did not respond to CNN's request for comment.
Foxx ties recusal to interaction with family
Foxx and the family friend exchanged text messages until February 13, Cook County State's Attorney's Office spokeswoman Tandra Simonton has said.
Around that same time, in mid-February, Foxx decided to recuse herself from decision-making in the case after consulting with her ethics officer in the state's attorney's office, she told CNN affiliate WLS on Wednesday. It became clear Smollett had gone from victim to suspect, she said.
Prosecutor who dropped charges: Smollett isn't innocent 02:44
"We sat down and we talked about the fact that ... I don't want any speculation or concern," she said. "I don't even want the appearance that my involvement with this case, having now seen or talked to a family member, would in any way impede this investigation. So, I made the decision in that consultation to say, 'Wall me off.'"
Foxx said she turned the case over to her first assistant one week before any charges were filed.
Soon after that, evidence began to emerge publicly that Smollett allegedly paid two men to orchestrate the reported assault on him. Police on February 21 arrested Smollett, saying they believed the actor faked the attack to bolster his profile and career. Smollett has maintained that he has been "truthful and consistent" about the assault.
Foxx's office charged Smollett and "believed that they could prove him guilty," Foxx told WLS. She later asserted "specific aspects of the evidence and testimony ... would have made securing a conviction against Smollett uncertain," according to a commentary Friday in The Chicago Tribune in which the prosecutor also welcomed an outside review of how the case was handled.
Foxx consistently has said Smollett qualified for a diversion program because of the low level of the crimes and his clean record.
'No political influence,' Smollett's lawyer says
But since the charges were dismissed this week, Foxx's office's handling of the case has come under fire, including from the National District Attorneys Association, which released a statement recommending, in part, that prosecutors should not take advice from politically active friends of the accused in high-profile cases.
Chief prosecutor says Smollett could've been proven guilty
Chief prosecutor says Smollett could've been proven guilty 01:05
The Smollett case, the group wrote, illustrates that "the rich are treated differently, the politically connected receive favorable treatment, and Lady Justice sometimes peeks under her blindfold to see who stands before her."
Smollett's attorney, Patricia Brown Holmes, said the actor received no special favors or calls on his behalf.
"There was no political influence in this case," she said.
Chicago's police union has called for a federal investigation to determine the extent of Foxx's involvement in the case. The demand is based on news reports about the text messages between Foxx and an attorney about "diverting the case from Chicago police department to a federal investigation," said Kevin Graham, president of the Chicago Fraternal Order of Police.
President Donald Trump, via Twitter on Thursday, vowed an FBI and Department of Justice review.
Meantime, Foxx has denied any favoritism.
"I don't want people to believe that there are two measures of justice for the privileged and those without," she told WLS. "That's why we're so transparent."
Tchen 'is someone who seeks practical solutions'
Those who know Tchen, an Ohio native and the daughter of a psychiatrist from China, point to a career marked by equity and empathy in rendering her apparently limited involvement in the Smollett case not unexpected.
"I don't know if we'll ever know the truth of the situation," Katz, a Chicago public relations adviser and political activist, said of the Smollett case. "My first impression is that Tina and I -- long before #MeToo -- are women who worked on the anti-rape movement and changing police attitudes towards rape victims.
As Jussie Smollett proclaims innocence, mayor and police chief take aim at 'whitewash of justice'
"We're old enough to have known when police don't believe black people and police don't believe women and police don't believe gay people," she said.
Besides her stint as the former first lady's chief of staff, Tchen, a longtime Democratic activist, also worked as an assistant to former President Barack Obama and as executive director of the White House Council on Women and Girls.
"Tina always really wants to make sure that she is connecting people and making sure the work she's doing is front and center in her life," said Jordan Brooks, who worked for Tchen at the White House and is now managing director of the nonprofit, The United State of Women.
As leader of the Workplace Cultural Compliance practice at the legal and financial services firm Buckley, Tchen now is conducting a "top-to-bottom external review" of workplace culture at the Southern Poverty Law Center, which is reeling from allegations over its own treatment of minority and female employees.
Tchen "is someone who seeks practical solutions and ... I think it's been a consistent thing that I have seen her do in different iterations of her career," said Fatima Goss Graves, president and CEO of National Women's Law Center.
Noted Katz: "Nobody ever puts Tina up to anything -- let's be really clear."
Katz met Tchen when they and others in the 1980s founded the group, Cook County Democratic Women, Katz said. Members still gather to celebrate each other's birthdays and to press their positions in the public square.
Those coequal aims, she said, reflect the kind of personal and policy priorities Tchen seems to have acted on in the Smollett case.
"If anything happened, we would call someone we knew and say, 'I'm concerned about a friend.
Can you make sure that it's on the up-and-up?'" Katz said of the political organization. "We would call each other and say, 'I'm worried about something. What do you think or can you help?' -- without thinking about it."
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