Special prosecutor finds ‘substantial abuses of discretion’ in Jussie Smollett case

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However, Special Prosecutor Dan Webb said he did not find evidence that would support filing criminal charges against Cook County State’s Attorney Kim Foxx or any other Cook County prosecutor.

Special Prosecutor Dan Webb announced Monday he had concluded his investigation into the handling of last year’s Jussie Smollett hate-crime prosecution and found that Cook County State’s Attorney Kim Foxx and her office made several false and misleading statements about the case.

Webb also found that, though there were unauthorized “leaks” of information by members of the Chicago Police Department, the sources of the leaks could not be identified and evidence would not support criminal charges.

The long-awaited report comes six months after Webb’s office filed a new, six-count indictment charging Smollett for faking a hate crime attack in 2019. However, Webb was also given a mandate to investigate how Foxx and CPD handled the case.

Webb said he found no evidence that would support criminal charges against Foxx or any person working for her. He also said he found no evidence of improper influence by any third party, including by Tina Tchen, the former chief of staff to Michelle Obama, Sherrilyn Ifill, president of the NAACP Legal Defense and Educational Fund, and Jurnee Smollett, sister of Jussie Smollett.

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Webb announced Monday he had reached “five major final conclusions” relating to the conduct of Foxx and her office. In laying out the details of those conclusions, Webb described how Foxx and her office repeatedly made false and misleading statements about the Smollett case.

Webb also said Foxx made false or misleading statements claiming she had stopped communicating with Jurnee Smollett after Foxx became aware that Jussie Smollett had become a subject of the investigation.

Foxx learned by Feb. 8, 2019, that Jussie Smollett had become a suspect, but she continued to communicate with Jurnee Smollett until Feb. 13, including in five text messages and three phone calls, according to Webb.

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