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Kim Foxx: I Let Jussie Walk Not Just for Reasons, But for a Variety of Reasons, Which, Sadly, I'm Not at Liberty to Tell You
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An oped in the Chicago Tribune by the State’s Attorney Kim Foxx:

Commentary: Kim Foxx: I welcome an outside review of how we handled the Jussie Smollett case

by Kim Foxx

Let’s talk about the Jussie Smollett case. Let’s talk about his alleged actions, the decision about how best to prosecute and resolve the case, and the implications for our Chicagoland community.

… Falsely reporting any crime is itself a crime; falsely reporting a hate crime is so much worse, and I condemn in the strongest possible way anyone who does that. Falsely reporting a hate crime causes immeasurable harm to the victims of actual crimes, whether because they are less likely to be believed or, worse, because they are afraid to report their crimes in the first place for fear of not being believed.

The real victims of this hate hoax by a black gay Jew are all the other black gay Jews who are victims of real hate crimes every hour of every day. But Jussie’s action did not cause harm to members of the classes of humans falsely charged. That’s just your White Fragility talking.

So, why isn’t Smollett in prison or at least on trial? There are two different answers to this, both equally important.

First, the law. There were specific aspects of the evidence and testimony presented to the office that would have made securing a conviction against Smollett uncertain.

Such as?

In determining whether or not to pursue charges, prosecutors are required to balance the severity of the crime against the likelihood of securing a conviction. For a variety of reasons, including public statements made about the evidence in this case, my office believed the likelihood of securing a conviction was not certain.

Oh, okay, not just “for reasons” but “for a variety of reasons”!

In the interest of full transparency, I would prefer these records be made public. However, in this case, Illinois law allows defendants in certain circumstances to request that public records remain sealed. Smollett chose to pursue that avenue, and so my office is barred from releasing those records without his approval.

I’d love to tell you the full story of why I used my prosecutorial discretion to let Jussie walk but I have no prosecutorial discretion.

Another key factor is that the crime here was a Class 4 felony, the least serious category, which also covers things like falsely pulling a fire alarm in school and “draft card mutilation.” These felonies are routinely resolved, particularly in cases involving suspects with no prior criminal record, long before a case ever nears a courtroom and often without either jail time or monetary penalties.

But with convictions. CWB Chicago couldn’t find a similar result in recent Chicago history.

… But more important than the dispassionate legal justification, there was another reason that I believe our decision not to prosecute the case was the right one. …

I was elected on a promise to rethink the justice system, to keep people out of prison who do not pose a danger to the community. I promised to spend my office’s finite resources on the most serious crimes in order to create communities that are both safer and fairer.

It was an incredibly serious crime, as all those tweets by Democratic Presidential candidates prove, as long as it was white men trying to lynch poor Jussie during the Polar Vortex. But as soon as it became Jussie trying to defame the white race and to frame two random white men with a crime that never happened, well, boys will be boys, you can’t go around prosecuting every 13-year-old’s little prank. Sure, he invested $3,500 in his elaborate hoax, but when did blood libels ever hurt anyone? I mean, when did blood libels ever hurt anyone who didn’t have it coming due to History Reasons?

Since taking office, I’ve sought to employ alternative prosecutions, diversions, alternate outcomes and other forms of smart justice, and it has been working — violent crime in Chicago is down overall. In addition to the benefits of smart justice on recidivism and keeping families together, it also creates bandwidth for my office to dedicate more resources to combating not only truly violent crimes but also the opioid crisis, holding big banks accountable for their actions,

You see, that’s a violent crime because it’s Economic Violence.

protecting consumers from data breaches

Data Violence!

and other critical work. …

As a public figure, Smollett’s alleged unstable actions have probably caused him more harm than any court-ordered penance could.

“Alleged,” mind you, alleged!

None of that, though, should detract from two facts that must be able to coexist: First, falsely reporting a hate crime is a dangerous and unlawful act, and Smollett was not exonerated of that in this case. Second, our criminal justice system is at its best when jails are used to protect us from the people we rightly fear, while alternative outcomes are reserved for the people who make us angry but need to learn the error of their ways without seeing their lives irrevocably destroyed.

Kim Foxx is the Cook County state’s attorney.

 
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  1. bgates says:

    the benefits of smart justice on recidivism

    Clearly there will be a significant reduction in recidivism if you don’t convict criminals in the first place.

    • Replies: @bomag
    , @Trevor H.
  2. How could he “learn the error of his ways” if neither he nor the prosecutor doesn’t admit that he made an error?

    • Replies: @Dieter Kief
    , @res
  3. Precious says:

    Jussie Smollet’s hate hoax is like watching a nuclear reactor meltdown in slow motion.

    Who could have known that a couple of Nigerian bodybuilders in white face under ski masks would manage to send every cockroach in Chicago scrambling for darkness?

    It’s like they are triple dog-daring Trump to get involved.

    • Replies: @Desiderius
  4. Or, the condensed version –
    “Eat shit, Whitey. We run Chicago now. What you going to do about it?”

  5. guest says:

    “Let’s talk about the Jussie Smollett case”

    Can we tawk?

    “Let’s talk about his alleged actions…”

    Let’s talk about all the good things
    And the bad things
    That may be
    Let’s talk about sex

  6. JimDandy says:

    Omigod, guys, she’s, like, not perfect, k? Jeez.

  7. Anon[391] • Disclaimer says:

    Crazy like a Foxx.

    • Replies: @Cortes
  8. guest says:

    Could someone scream in Leslie Jones Esq.’s ear daily that she could at LEAST have leveraged this supposedly iffy evidence into a no-jail plea deal. Then he could, ya know, enter a plea, and you wouldn’t have to keep saying “allegedly.”

  9. “Let’s talk about the Jussie Smollett case”

    Because as while we talk you are less likely to notice that my actions were illegal and likely an obstruction of justice.

  10. ChrisZ says:

    I was elected on a promise to rethink the justice system,

    In all honesty, can any rational person even imagine making such a statement? Three thousand years of Western civ, eight centuries of English-speaking jurisprudence, a dozen generations of American legal precedent—but it all had to wait for this fool to come on the scene for a big rethink.

    What a joke. But if you laugh at it, you’re the villain.

    • Replies: @Hidden Cat
    , @Olorin
  11. @Joe, Averaged

    Jessie Smollett is so precious. His soul has more stories than the Trump-Tower, and the noblest of it is, where he will relax and stay tuned to the wonders of the world and all the structural/racial injustices it comes along with in the USA. Jussie Smollett’s soul is so benign and strong that he can better execute his regrets where they in such cases really belong to: Not in front of a judge – how cruel would that be, just imagine – but rather in foro interno – that’s where the Noble suffer if once again the world turned away from their true needs. Cruel world – noble Jussie Smollett / That’s all that we’re supposed to get… – Love is all we need!

  12. like falsely pulling a fire alarm in school and “draft card mutilation.”

    Draft card “mutilation”– does that include destruction?– was intended to protest the war, not the draft itself. Whether or not that protest was justified, it was at least a couple of moral rungs above mere smolletting.

  13. Anonymous[413] • Disclaimer says:

    I can see that filing a fraudulent police report might not *always* be serious enough to justify (or should I say, Jussiefy) a short stretch in jail, but it’s not “victimless” either. The analogy to draft cards and parking tickets — being disorderly in public, in other words– is invalid. When you bring false information to the police, with the expectation they’ll investigate it, the underlying crime is abuse of society’s finite law-enforcement resources. A better analogy would be sending in bomb threats to a different building each week as a promotional gimmick for your YouTube vodcast.

    Also, can I jussie add that calling out “Chicagoland” is a bit cutesy in the circumstances and not befitting the decorum of public servant’s office

    • Replies: @mmack
  14. Anonymous[413] • Disclaimer says:

    And it seems like the list of most common Class 4 felonies should accompany this rambling op-ed, in the interest of reader edification

    • Replies: @res
  15. Clyde says:

    This freaky moonbat unloading on our poor ol’ Uncle Joe.

    Elizabeth Warren says Joe Biden ‘needs to answer’ after he denies any memory of ‘awkward’ moment Nevada politician says he grabbed her…
    Joe Biden’s spokesman said on Friday that he doesn’t recall the incident. Warren became the first 2020 presidential candidate to address the…blah blah blah

    • Replies: @guest
  16. Day after day, the thing has legs…

    CNN: The Jussie Smollett prosecutor ‘misled the public’ about the dropped felony charges, a lawyers group says.

    https://www.cnn.com/2019/03/29/us/jussie-smollett-backlash-friday/index.html

    Snip:

    “Prosecutors who dropped felony charges against actor Jussie Smollett over his report of a hate crime attack “have fundamentally misled the public on the law and circumstances surrounding the dismissal,” an Illinois lawyers group said.

    The way Cook County State’s Attorney Kim Foxx and her office resolved the case also was “abnormal and unfamiliar to those who practice law,” wrote the Illinois Prosecutors Bar Association.”

  17. JimDandy says:

    Right at the peak of media and celebrity hysteria over the racist “attack” on Jussie, a black man named Gary Martin brought a gun to his Chicagoland workplace and specifically targeted white men, killing 4 of them (and a white hispanic.) Was this a case of cause and effect? Did Jussie’s duplicitous, premeditated act whip up hatred for white men and directly cause this massacre? I believe that this question should be asked, virally.

  18. @ChrisZ

    Overwhelmed by her greatness.

  19. How could a woman this stupid pass the Illinois bar exam?

    • Replies: @res
    , @Hibernian
    , @Mr McKenna
  20. Ok, let’s see what Kim Foxx does with Menelik Jackson’s case, as it touches all the bases that Foxx states are important in prosecution. Jackson, an ex felon on probation, got in a beef with some Hispanic males in Chicago on a party bus. He grabbed a gun, and a friend, a shot and killed the first Hispanic male he saw, off duty Chicago police officer John Rivera. So, we have an ex felon, violating probation, using a gun to commit a “hate crime.” Stay tuned to see how this plays out.

    • Replies: @MBlanc46
  21. bomag says:
    @bgates

    Other circular logic in the piece.

    …violent crime in Chicago is down overall

    Because it was extra high before, too high now, and turning a high profile felon loose is likely to make things worse.

  22. …our criminal justice system is at its best when jails are used to protect us from the people we rightly fear, while alternative outcomes are reserved for the people who make us angry but need to learn the error of their ways without seeing their lives irrevocably destroyed.

    I’m so glad to hear that it is the policy of the local chief prosecutor, that every person consigned to Cook County Jail, have their lives “irrevocably destroyed“. That seems like a just outcome for every random dude with a minor bench warrant.

    Just so long as no (woke) celebrities are inconvenienced!

  23. Anonymous[427] • Disclaimer says:

    How could a woman this stupid pass the Illinois bar exam?

    She’s plenty stupid, of course, but who is even stupider to put up with such things? If all whites left Chicago the place would implode.

    • Replies: @Dave Bowman
    , @mmack
    , @Olorin
  24. “I was elected on a promise to rethink the justice system, to keep people out of prison who do not pose a danger to the community”

    Yeah, this is the “experiment” that has been playing out in schools for a while now and it’s resulting in teachers getting the shit beat out of them AND it’s teaching young kids that there are no consequences to acting a fool.

    Also…..in the beginning it was fact, Jussie was beaten by evil white men….FACT…..then the truth comes out and now it’s allegedly a hoax.

    • Replies: @SMK
  25. res says:
    @Joe, Averaged

    How could he “learn the error of his ways” if neither he nor the prosecutor doesn’t admit that he made an error?

    This idea could use more airtime. A simple easily understandable message.

    P.S. I think there is an extra negative in that sentence though.

  26. res says:
    @Anonymous

    https://www.criminallawyer-chicago.com/practice-areas/chicago-felony-crime-attorney/chicago-class-4-felony-defense-attorney/

    Crimes considered Class 4 felonies include many of the least serious felony crimes. The following crimes, found in the Illinois Criminal Code, are examples of Class 4 felonies:

    Theft of government property worth less than $500;
    Possession 30 to 500 grams of marijuana;
    Aggravated assault;
    Stalking; and
    Hate crimes.

    Notice that hate crimes are in the list. I wonder how the punishment would have compared if this had been an actual hate crime as described. I suspect we would be hearing something very different from Foxx if that was the case.

  27. Publication of State’s Attorney Foxx’s list of excuses further promulgates a stereotype? You know, the stereotype involving a protestation of innocence, often expressed in a “street” vernacular? Hence writing that op-ed and submitting it for publication in itself is a hate crime?

  28. @bomag

    Lets face the facts……if a violent crime happens but it’s swept under the rug and/or relabeled then it didn’t actually happen so then presto, violent crime is down overall.

    As i mentioned in another post, this is what’s been happening in schools for a decade now and it actually got the baby tray tray killed…….he should have been in the jouvie not at dad’s house making lean.

    • Agree: MBlanc46
  29. res says:
    @ben tillman

    Illinois being number 8 in highest bar exam pass rate for 2015 probably provides one clue: https://www.casefleet.com/blog/bar-exam-analysis-state-breakdown-pass-fail-rates

    • Replies: @Steve Sailer
  30. Hibernian says:
    @ben tillman

    How did Richie Daley pass? Brother Bill, I could see, except he apparently got help on a real estate exam back in the day; don’t know if he really needed it. Probably just too lazy to study.

  31. This Op Ed is a tour de force of mealy mouthed stupidity. Someone should educate Foxx about the First Rule of Holes.

    • Replies: @Mr McKenna
  32. Cortes says:

    Maybe Foxx could be asked for her learned opinion about a possible attempt at expungement of the record…

    http://www.clearupmyrecord.com/expungement-vs-sealing-criminal-records.php

  33. BB753 says:

    No excuse is better than a lame excuse.

  34. Jack D says:

    I thought Foxx had recused herself but I guess that was last week’s bullshit. This week she’s not even pretending that she recused herself anymore. “If you don’t like this lie, I’ve got plenty more for you from where that one came from. Out of my fat ____.”

    OUIJA BOARD SAYS: Soros funded bank account.

    • Replies: @Hidden Cat
  35. JimB says:

    I doubt Kim Foxx even wrote this letter. Google hasn’t finished beta testing its Ebonics to legal jargon translation app yet.

    • Replies: @Truth
  36. Anonymous[151] • Disclaimer says:

    Foxx is being especially disingenuous here.

    For a variety of reasons, including public statements made about the evidence in this case, my office believed the likelihood of securing a conviction was not certain.

    While that may be true, it’s also an issue a judge/jury can decide. The brilliant thing about being a prosecutor is that the worst case scenario is, you lose at trial. That’s it. The considerations that other lawyers have to account for when deciding to pursue a case–for the most part–do not apply to prosecutors. Also, since when do prosecutors only pursue cases where a conviction is “certain”?

    I’m not a hardcore law-and-order guy like many here. I don’t think what Smollett did warrants prison time. But I do believe that the sine qua non for mercy is contrition, a genuine feeling of remorse for the wrong that one did. Smollett isn’t even pretending that he’s sorry. I’m sure he won’t stage another hate crime, but I also have a feeling in a few years he’ll be giving interviews about how the wicked and racist Chicago Police Department oppressed him over and how he’s the real victim here.

    The good news is that there is still a federal investigation. This circus did him no favors, and his idiotic press conference and his attorneys even more idiotic statements about “white face” didn’t either. We’ll see what the future holds for Jussie.

    • Replies: @Mr McKenna
  37. MBlanc46 says:
    @Shingas the Terrible

    And in a couple of weeks we’re going to have a black mayor. And a carpetmuncher, to boot. In a few years, the Juicy Smollett era will be the good old days.

    • Replies: @Desiderius
  38. @Jack D

    Here’s a laugh… NOW her says she used “recuse” in the “colloquial sense” not the legal sense.

    So needs her ass canned.

    • Replies: @ben tillman
  39. MBlanc46 says:
    @Buffalo Joe

    My guess is that the story is going to be buried pretty deeply. The Trib played it up pretty strongly, principally, I think, because Foxx is Toni Taxwinkle’s protege, but if/when Toni loses the mayoral election next week, I’d bet they’ll lay off it because of the race angle.

    • Agree: Hibernian
  40. Her use of the term bandwidth is problematic.

  41. guest says:
    @Clyde

    “I ain’t yo squaw, whiteman!”

  42. @Precious

    It’s like they are triple dog-daring Trump to get involved.

    Oh they definitely are. That’s why it’s imploding, the whole thing was predicated on Trump getting involved. Well that and the players screwing every possible other thing up too.

    That said, when blacks, gays, and Jews are all involved it’s hard to resist just flat out brazening it out. When has that not worked for each of the threee, let alone all three at once? Jussie has superchutzpah from all three sides of his family.

  43. @MBlanc46

    Carpetmunchers are the only ones allowed to be manly in progland, so it may be an inprovement.

  44. @JimDandy

    Apparently Gary Martin (whom we’ve never heard of outside Chicago, naturally) took this particular quote of Ms Foxx to heart.

    alternative outcomes are reserved for the people who make us angry

    According to Bing, ‘Gary Martin’ is a professional footballer in England.

    Hey, isn’t killing five people something like a mass killing?
    Odd that we’ve never heard of the Chicago guy.

    • Replies: @JimDandy
  45. @res

    I knew there was something wrong there!

  46. @ben tillman

    I have known a number of dim-witted lawyers. The bar exam isn’t that tough, and as mentioned above, it’s easier in some states than others.

  47. Mr. Anon says:

    I wonder about the legality of declining to prosecute someone, expunging his record, but then keeping the Bail money he put up. Is that legit? If DAs were to make a habit out of this – “hey, we don’t want to prosecute you. How’s about you just forfeit the Bond you put up, and we’ll call it even” – wouldn’t that just be extortion?

    • Agree: Hibernian
  48. @Hypnotoad666

    The funny thing is that it had to pass a gauntlet of editors, likely more than usual in this case since it was obviously going to be widely disseminated.

    Oh I’d just love to see Kim’s first draft.

  49. @res

    Interesting that Illinois has such an easy bar exam to pass, despite Chicago having lots of heavyweight corporate law jobs. DC, CA, and NY have much harder bar exams.

  50. @Anonymous

    The brilliant thing about being a prosecutor is that the worst case scenario is, you lose at trial. That’s it. The considerations that other lawyers have to account for when deciding to pursue a case–for the most part–do not apply to prosecutors.

    An excellent point, and if we were really ‘talking’ about this with Ms Foxx, someone might actually raise it.

    I had to look up the ‘colloquial recusal’ doctrine. I didn’t even think it could be true. Negro Justice League, I believe.

  51. Loretta Lynch, Barack Obama, Eric Holder, Kim Foxx: when you elect Africans, you get Africa.

    President Harris or President Spartacus, anyone? We’re going to throw it all away, betting, yet again, on the disproven fantasy that we’re really all just the same deep down.

    • Replies: @anon
  52. Illinois law allows defendants in certain circumstances to request that public records remain sealed. Smollett chose to pursue that avenue, and so my office is barred from releasing those records without his approval.

    Excuse the rhetorical question, but can Smollett tell us why he doesn’t want his records released?

  53. Anonymous[427] • Disclaimer says:
    @Steve Sailer

    Guessing that corporate law relies on other filters in Illinois.

    Downstate Illinois is very unsophisticated, and the courts play it fast and loose, not out of corruption as in Chicago but just laziness and good-old-boy networking. As well as Chitown having a lot of lawyers working for usually blatantly guilty blacks and steezers and the occasional mill hunky (or his kids that haven’t moved out or are visiting) who got busted for something ridiculous. So there has to be a big low end lawyer market as well as the high end one.

    That’s true of NY as well, but NY has a tough bar. Not sure how they get enough lawyers except there are a lot of certain ethnicities that are attracted to it.

  54. @Steve Sailer

    Despite?

    How else are the Corporations going to get the Affirmative Action camel through the eye of the Professional Standards needle? Lax bar exam is a big competitive advantage when virtue signaling is the game.

  55. Dan Hayes says:
    @Steve Sailer

    Steve,

    Maybe DC’s low passing rate reflects the testees’ racial makeup!

    • Replies: @res
  56. Trevor H. says:
    @bgates

    Kim Foxx: I Let Jussie Walk Not Just for Reasons, But for a Variety of Reasons, Which, Sadly, I’m Not at Liberty to Tell You

    Just wanted to state that this is one expertly crafted headline Steve. A minor masterpiece really.

    What’s that old quote about how very sad was the Rome which could be entertained by a Juvenal?

  57. @Steve Sailer

    Do you people actually read the news? You do know that he’s not out of the woods yet, don’t you? And you’re just eliding that fact for effect? Of course. I knew it all the time.

    • Replies: @Pericles
  58. Truth says:

    Alright, let me unseal the records for you, using my this secret dossier which was delivered to me yesterday at the Munich train station by a gentleman wearing a Burberry coat and fedora:

    It reads:

    “It’s all theatre, scripted race-baiting from the get-go, from your slavemasters, to make more whiney white men bellyache about “Duh Man Holdin’ us down uh-gen.” The script ended the way it did because they damn well felt like it. You are a sap for paying attention to it, and they will bring these actors back to troll you again at some point in the future.”

    Good night now!

  59. JimB says:

    I Let Jussie Walk Not Just for Reasons

    The devil made her do it.

  60. True story: I remember meeting Kim Foxx at a narcotics trial at 26th and California about 8 years ago. She was definitely not the brightest state’s attorney. She couldn’t multi-task and always looked extremely flustered and intimidated by the judges there. She’d enter the room, ask a question about the dope spot, leave the room, come back 10 minutes later and ask the same question. Even officers who couldn’t police their way out of a wet paper bag just shook their heads…

    • Replies: @RickTen99
  61. JimDandy says:
    @Mr McKenna

    Gotta be very specific, I guess:

    Gary Montez Martin

  62. @bomag

    It’s not circular logic, it’s complete delusion. They have no idea what causes the real world crime rate to go up or down, except maybe a level of policing and prosecuting they simply refuse to countenance.* At best, it’s nothing more than acausal statistical variation, at worst, it’s good ol’ fashioned stat juking.

    *Though possibly the longest-term study of crime rates determined the mostly closely correlated factor was alcohol consumption. Make of that what you will.

    • Replies: @Negrolphin Pool
    , @Feryl
  63. They went there. I didn’t think they’d do it, because they’re not what they were and they were never the incomparable In Living Color, but they went there:

    https://www.dailymail.co.uk/news/article-6869473/SNL-tackles-Jussie-Smollett-hate-crime-stories.html

  64. At least Eric Holder had the decency to say he wouldn’t prosecute ‘my people’ when he declined to prosecute Black Panthers for voter intimidation.

  65. Bitfu says:

    You know something’s rotten when the ‘prosecutor’ resorts to The Chewbacca Defense…https://www.youtube.com/watch?v=clKi92j6eLE

  66. Gordo says:

    I was elected on a promise to rethink the justice system,

    So she was elected to subvert justice? Quite probably true.

  67. “our criminal justice system is at its best when jails are used to protect us from the people we rightly fear”

    I thought jails were for people who broke serious laws. Apparently, however, they’re for whomever Kim Foxx is afraid of.

  68. In the real world of everyday crime, prosecutors are hardest on those who represent threats to the property of strangers, or violence to their person.

    Most of the young offenders I know are doing time for crimes like carjacking and burglary of “an unoccupied structure”. Some are also sex offenders and drug dealers. Very, very few are income tax evaders, although you can rely on the fact that drug dealers are not paying self-employed social security on 100% of their income. The criminal justice system just prefers to go for lower hanging fruit and plea deals. Criminal trials are too expensive to make a habit of and juries don’t understand tax issues.

    Crimes that consist of (apparently) well-known actors falsely claiming to be attacked by hooded men are extremely rare and completely outside the experience of nearly everyone in the criminal justice system, and they don’t look like they represent a physical danger to strangers, nor do they have a long history of court appearances in juvie or adulthood, nor do they have home made tattoos on their faces, which is a popular signal that criminals use to identify themselves to each other and to prosecutors.

    So you catch a big fish, but it isn’t of a type that people like to eat, so you let it off the hook and throw it back into the pond. That’s all.

    Of course it goes without saying that our criminal justice system here in the US is the best in the entire solar system, and I will be participating in it again next week as I have received a summons for jury duty (again).

    • Replies: @Hibernian
    , @Adam Smith
  69. Hibernian says:
    @Jonathan Mason

    This case involved not just false reporting but a chorus screaming that investigation of the alleged crime must be highest priority. This represented a threat to the people of Chicago because perps knew that the police were overtaxed by the Smollet investigation.

  70. a chorus screaming that investigation of the alleged crime must be highest priority

    True, but I doubt whether the Chicago police was pulling police off traffic duty or cancelling all vacation leave due to the Smollett investigation. Chicago is a very large city and the Chicago Police Department employs over 12,000 officers and a couple of thousand other employees. A few detectives and a press relations officer will have been assigned full time to this case.

    • Replies: @Jack D
    , @Hibernian
  71. Anonymous[324] • Disclaimer says:

    “Who would break a butterfly upon a wheel?

    When you think about it really, I was elected in order to get rid of the wheel, since it is a racist artifact from the wrong side of history.

    And the butterfly, my God! This butterfly is so sweet and innocent and gentle, who would want to ruin his life? All he did, really, was make it more difficult for other butterflies to come forward in the future. He didn’t harm any non-butterflies (not that they matter).

    If anything, we need to double down on the importance of getting rid of the wheel. Except for non-butterflies. F*ck them.”

  72. Jack D says:
    @Jonathan Mason

    It’s not like they are busting their balls to clear even homicides. 85% of homicides in Chicago result in no arrests. Partly this is a result of witnesses being fearful of coming forward but partly it’s because the cops don’t really care – most of it is just ghetto trash killing each other and it happens all the time so they don’t feel as if it’s any big deal. I don’t know what the clearance rate is on other felonies but presumably it’s even lower.

    • Replies: @Hibernian
  73. @Shingas the Terrible

    I think the biggest motivating factor for Foxx was that Smollett was going to be a staple for Fox TV and the right wing internet and so it was better to end the fiasco quickly. Up through the 2020 election cycle, Smollett was going to be legally dissected in a way that would make the black Chicago machine, the Democrats, the Obama’s, George Soros, as well as Jussie all look like the cow’s ass. Its all over now except for Smollett’s bellyaching and Foxx resigning and going to work for some Soros social justice organization.

  74. @Mr McKenna

    The funny thing is that it had to pass a gauntlet of editors, likely more than usual in this case since it was obviously going to be widely disseminated.

    Oh I’d just love to see Kim’s first draft.

    LOL!!!

  75. @Hidden Cat

    Here’s a laugh… NOW her says she used “recuse” in the “colloquial sense” not the legal sense.

    As if there were a non-legal sense. Unreal. She is dumb as a stump. I’m really having a hard time accepting that she has a three-digit IQ, as she must if she passed the bar exam.

  76. @Mr McKenna

    The funny thing is that it had to pass a gauntlet of editors, likely more than usual in this case since it was obviously going to be widely disseminated.

    Oh I’d just love to see Kim’s first draft.

    Me, too. Though I seriously doubt that Ms. Foxx wrote a single word of the op-ed, first draft or final draft. It would be a task worthy of a genuine investigative reporter to find out who actually did. Is there a single professional journalist in the present U.S. up for the job?

  77. Hibernian says:
    @Jonathan Mason

    Depends what you mean by a “few” detectives. There was a massive search for, and operation to analyze, private surveillance videos which looked out the shop windows onto the streets, over a fairly wide area. There was a delegation of cops waiting, at O’Hare, to arrest the bodybuilding brothers as they arrived on an international flight. There had to be some kind of intel operation to locate the brothers and track their movements, in order to arrest them. There was extensive, and intensive, interrogation of all three parties. There were in person visits to the business or businesses that s0ld the rope and bleach, and, I believe, to the Subway sandwich shop. The level of effort was what you might expect for a homicide investigation.

    • Replies: @Jack D
    , @Alden
  78. Hibernian says:
    @Jack D

    Let’s not forget the Ferguson effect.

  79. “For a variety of reasons, including public statements made about the evidence in this case, my office believed the likelihood of securing a conviction was not certain,” Foxx wrote without elaborating.

    Yet on Wednesday, Foxx said the opposite — that she believed her prosecutors could have proved Smollett guilty in court.
    Shes a dumb as a sack of hammers. How do these failed humans get into office??

  80. SMK says: • Website
    @interesting

    In Illinois, myriads of black males who are violent and a “danger to the community” are not in prison despite histories of violence and criminality beginning at age 13 or 14 or 15. In Chicago, most are not even arrested, much less prosecuted, much less convicted, much less imprisoned, for shootings and murders and other violence felonies.

    • Agree: jim jones
  81. @Anonymous

    If all whites left Chicago the place would implode

    That’s certainly what I’m hoping.

  82. @Jonathan Mason

    I don’t know why anyone would participate in the charade that is jury duty. Jury duty, much like voting, is merely a ritual of the civil religion that provides the veneer of legitimacy to otherwise horrible and corrupt institutions. Like the social contract, it’s an amazing illusion.

    Once upon a time I knew a lady from Charleston who moved to a small community in the mountains in a neighboring state. She spoke with a charming southern accent and wore upper class attire. Evidently the locals at the courthouse decided that they could count on her to follow the judges instructions, so she was consistently and often being summoned to jury duty.

    Then one day while they were choosing the jurors, one of the attorneys asked the potential jurors to raise their hand if they believed that it would ever be ok for someone to use cannabis. She was the first in the room to raise her hand, then others followed her lead. Needless to say, she was not selected for the jury that day. In fact, she has never been called for jury duty again. It’s been almost 20 years now. She still lives in the same small county.

    I’ve only been called for jury duty once, almost 30 years ago, in a large formerly prosperous rust belt city. When the bureaucrats in the courthouse learned of my belief in jury nullification I was promptly relieved of my duty, conveniently enough as it was just before lunch, and forever struck from the potential juror pool. Never to be called for jury duty again.

    • Replies: @Anonymous
  83. Jack D says:
    @Hibernian

    The level of effort was what you might expect for a homicide investigation.

    The level of effort was far beyond what they exert for a ghetto homicide investigation. Not even close. It was orders of magnitude greater.

    • Agree: Johann Ricke
  84. res says:
    @Dan Hayes

    Good point. It would be useful to correct the bar exam pass rates for the characteristics of the test takers. Race would be a crude way of doing that. LSAT scores would probably be better (and the interaction of the two might be interesting). Any other ideas?

    • Replies: @Dan Hayes
  85. Alden says:
    @Hibernian

    I believe it was more than 20 detectives and lots of over time. Think of the overtime involved in watching endless hours of tape from 55 cameras.

  86. @res

    “If neither he or the prosecutor…” — no double neg but it sounds off and doesn’t flow. I’ll stick to neither nor.

    • Replies: @res
  87. Pericles says:
    @obwandiyag

    “not out of the woods yet” … Poor guy, will this innocent lamb get out, lol.

  88. mmack says:
    @Shingas the Terrible

    One word: Leave

    By the way, you smug fools taunting us KNOW you won’t get any of those big fat pensions you were counting on, right?

    Jokes on you, state’s broke, homey. Best start stealing what’s not nailed down, and get a claw hammer for prying up what is.

  89. mmack says:
    @Anonymous

    Yes, because we all know it was REALLY the soft headed, go goo liberals in Oak Park, Barrington, and Naperville that were pushing for Jussie to be released, so yeah, Chicagoland it is.

    Hey, ya gonna lie, make it a great big lie.

  90. RickTen99 says:
    @Blue Juice

    Back in the days when I OTJ we used to call it the “Circus Court of Cook County”. Not much has changed. Same circus, different ring leader.

  91. anon[190] • Disclaimer says:
    @Kolya Krassotkin

    African is who we is!

  92. Prusmc says:

    I once heard that the DC bar exam was very easy and that HRC failed it.

  93. Dan Hayes says:
    @res

    Res,

    Germane to this discussion, black Harvard Medical School graduates were unable to pass national medical certifying exams.

  94. @Dan Hayes

    Don’t worry. I am sure they would pass the Rocket Surgeon exams.

    • Agree: Dan Hayes
  95. res says:
    @Neil Templeton

    You left out “doesn’t”. Which was the double negative. “Neither…nor” was fine IMHO. I would have written it as:

    How could he “learn the error of his ways” if neither he nor the prosecutor doesn’t admitadmits that he made an error?

  96. mmack says:

    Steve,

    As long as we’re talking about crime in Cook County, IL, here’s one for you to file under Diversity Makes America Stronger Through Doing the Jobs Us Natives Won’t Lower Ourselves To. The case of Concepcion Malinek of Cicero (pronounced Chich-er-o en Espanol) https://ktla.com/2019/03/29/woman-held-33-immigrants-in-her-illinois-home-in-forced-labor-scheme-federal-court-documents-show/

    (Hat Tip Robert Stacy McCain @ The Other McCain)

    See, us racist, sexist Americans are failing to drag immigrants across the border and enslave them, and are so jealous of her success that we’re discriminating against her, or something.

  97. You’re right. Thanks for the clarification.

  98. falsely reporting a hate crime is so much worse, and I condemn in the strongest possible way anyone who does that

    Condemn in the strongest possible way! Condemn to death perhaps? Condemn to face criminal charges in a court of law? Nope.

    I was elected on a promise to rethink the justice system, to keep people out of prison who do not pose a danger to the community.

    Smollett is very lucky that his actions did not lead to BLM rioting, or even Kim Foxx would have had to treat him as a danger to the community.

  99. mmack says:
    @Anonymous

    My wife and I are part of the Illinois diaspora recorded at Wirepoints.com: https://wirepoints.org/neighbors-improve-on-migration-numbers-while-illinois-worsens/

    https://wirepoints.org/illinois-demographic-collapse-fewer-immigrants-fewer-babies-and-fleeing-residents-wirepoints-special-report/

    Illinois in general and Chicago specifically may learn the hard way what happens when The Caracas Plan (tax the almighty crap out of all the productive citizens to prop up government workers and support those that do not work or will not become citizens) goes into overdrive. Those that can afford to take the hit to the wallet and bank account are leaving or will leave and find employment and homes elsewhere. Already “The Region” portion of Indiana and southern Wisconsin between the border and Milwaukee are exploding with expatriates sneaking across the border for lower property taxes. We left Illinois completely and are trying to get our friends and family members to get the Hell out.

    Chicago has jammed the throttle wide open and is aiming to become the Detroit of Illinois.

  100. Imagine in 20(10?)yrs a double size Detroit,

  101. Thirdtwin says:

    “Illinois law allows [prosecutors of ] defendants in certain circumstances to request that public records remain sealed.”

    FIFY, Foxxie

  102. Thirdtwin says:
    @Dan Hayes

    Maybe they did better on the Critical Medical Studies exams.

  103. Olorin says:
    @Anonymous

    Bearing in mind that white flight for some 60 years has been a key element of urban gentrification and initial development of near-in rural land into suburbs.

    One is tempted to conclude that it’s feature, not bug.

    Through this whole thing I can’t help thinking of Hizzoner Miz Room To Destroy and her state’s attorney in Bodymore Murderland.

    https://baltimore.cbslocal.com/2015/04/25/baltimore-mayor-gave-those-who-wished-to-destroy-space-to-do-that/

    https://twitchy.com/2015/05/28/states-attorney-marilyn-mosby-featured-as-guest-ringmaster-at-universoul-circus/

  104. Olorin says:
    @ChrisZ

    She’s a legend in her own mind.

    Lady Black Justice too–the new Marvel superhero.

  105. @Steve Sailer

    DC, CA, and NY have much harder bar exams.

    Two in the top five, California and Alabama, have notoriously long constitutions. However, Vermont’s is the shortest. Something else makes it hard in Vermont.

    http://parcalabama.org/the-nations-longest-constitution-just-got-longer/

  106. @Oleaginous Outrager

    Maybe the authors need to brush up on their Excel skills.

  107. Anonymous[427] • Disclaimer says:
    @Adam Smith

    I’ve only been called for jury duty once, almost 30 years ago, in a large formerly prosperous rust belt city. When the bureaucrats in the courthouse learned of my belief in jury nullification I was promptly relieved of my duty, conveniently enough as it was just before lunch, and forever struck from the potential juror pool. Never to be called for jury duty again.

    When stating my belief that in my community they keep a secret list of heretics who are never called for jury duty, I have been accused of paranoia. Yet consistently the same people never get called.

    I have neighbors that bitch constantly about being tapped for jury duty. I tell them to register Libertarian and see if it stops, but they won’t. Or make a public contribution to the FIJA or some other such group.

    https://fija.org/

    No one I know that has done those things has ever received a jury duty notice. At least not in my county.

    • Replies: @J1234
  108. BB753 says:

    Jussie had two cards to play: the race card and the Jewish card. Both can get you out of jail.

  109. Truth says:
    @JimB

    I doubt Kim Foxx even wrote this letter. Google hasn’t finished beta testing its Ebonics to legal jargon translation app yet.

    I think you meant “Ebonics-to-Legal.”

  110. J1234 says:
    @Anonymous

    I’m retired and don’t get called for jury duty, but my working wife gets called all the time. I put it down to my rabid (yet stunningly articulate) letters the local paper calling for less pandering to illegal immigrants. I’m guessing the local schmoozers and quakers have me on their list, and that they scan the op-ed pages for people like me all the time.

    Kim said:

    Another key factor is that the crime here was a Class 4 felony, the least serious category, which also covers things like falsely pulling a fire alarm in school and “draft card mutilation.” These felonies are routinely resolved, particularly in cases involving suspects with no prior criminal record, long before a case ever nears a courtroom and often without either jail time or monetary penalties.

    I’m going to falsely accuse black people of attacking me, then show the judge this quote. We’ll see how much like pulling a fire alarm in school it is to her.

  111. Hmmm, I will bet that the first draft of this article was written in The Queen’s Ebonics.

  112. Feryl says:
    @Oleaginous Outrager

    Yes, in both America and Russia, crime has been correlated to substance abuse, particularly of alcohol. In America, alcohol consumption increased from the mid-60’s-1980, and crime went up at the same time. Alcohol use declined beginning in 1981, and crime went down too. Russia of course went to hell in the 1990’s, as people drank themselves to death and crime soared.

    There are pretty obvious social reasons for crime going up or down; trends are trends, no matter what specific trend we’re talking about. Crime being high from the late 60’s-1990’s correlates to young Boomers and X-ers being socialized to not respect rules and authority, and the terrible crime spikes of the late 70’s and early 90’s correlate to these generations being in a particularly foul mood at those times. Neil Howe has stated ad nauseum that the late 1960’s and 70’s rise in crime closely tracks the entry of Boomers into the 18-25 age bracket (the peak age for criminal behavior), while the 2000’s collapse in the crime rate tracks the entry of Millennials into the 18-25 age bracket.

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