# All Charges Against Jussie Smollett Dropped. Er, updated tried and sentenced

**URL:** <https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562>\
**Category:** Cafe Society\
**Created:** [March 26, 2019, 3:28pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562 "2019-03-26T15:28:52Z")\
**Posts on this page:** 20\
**Page:** 9

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**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [April 2, 2019, 1:57am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/161 "2019-04-02T01:57:28Z")

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I would think that when a group of state lawyers collectively condemn her in public it would be an indicator that some kind of review is in the works.

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [April 5, 2019, 12:36pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/162 "2019-04-05T12:36:00Z")

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[Chicago to Sue Jussie Smollett After He Refuses to Pay Investigation Costs](https://variety.com/2019/biz/news/jussie-smollett-chicago-lawsuit-hate-crime-empire-1203181373/)

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**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\
**Post date:** [April 5, 2019, 1:54pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/163 "2019-04-05T13:54:05Z")

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> [@Skywatcher](#):
>
> [Chicago to Sue Jussie Smollett After He Refuses to Pay Investigation Costs](https://variety.com/2019/biz/news/jussie-smollett-chicago-lawsuit-hate-crime-empire-1203181373/)

My suspicion is that the city botched the initial investigation to the point that rather than go through a farce of a trial and almost certainly lose, they just cut their losses on the criminal side of things.

But civil court doesn’t have the same absolute burden of truth that criminal law does. They can still recover a whole lot of that cost from Smollett, if it is found that he was mostly culpable for the whole thing, even if they don’t find him entirely culpable.

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**Author:** ![Irishman](https://avatars.discourse-cdn.com/v4/letter/i/b487fb/32.png) [@Irishman](https://boards.straightdope.com/u/Irishman)\
**Post date:** [April 5, 2019, 8:16pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/164 "2019-04-05T20:16:14Z")

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Really? You think the city botched it, the cops botched it, the DA botched it and then was forced to drop the case because it was flawed?

I think it much more likely the DA chose to let Smollett off with minimal repurcussions (minimal volunteer time, no admission of guilt, sealed records) on either some sense of political expediency via the connections to Michelle Obama or some sense of “black men get screwed by the justice system too often, let’s balance the books a little”. I don’t think the merits or handling had anything to do with it.

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**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\
**Post date:** [April 5, 2019, 9:10pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/165 "2019-04-05T21:10:03Z")

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Irishman, honestly, your alternative explanations are ridiculous. Connections to Michelle Obama? Who the hell cares? “Balance the books a little”? What, for the first time in American history?

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [April 5, 2019, 9:33pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/166 "2019-04-05T21:33:24Z")

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I haven’t seen much evidence to support bump’s “botched investigation” theory.

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**Author:** ![Banquet\_Bear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/banquet_bear/32/373_2.png) [@Banquet\_Bear](https://boards.straightdope.com/u/Banquet_Bear)\
**Post date:** [April 5, 2019, 11:40pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/167 "2019-04-05T23:40:29Z")

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> [@HurricaneDitka](#):
>
> I haven’t seen much evidence to support bump’s “botched investigation” theory.

…you don’t think that [113 million spent on police misconduct suits](https://chicago.suntimes.com/news/chicago-police-misconduct-lawsuit-payouts-totaled-113-million-2018/) in 2018 make a “botched investigation theory” more likely than a conspiracy theory involving Michelle Obama that is supported by no evidence at all?

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [April 6, 2019, 12:28am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/168 "2019-04-06T00:28:06Z")

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> [@Skywatcher](#):
>
> [Chicago to Sue Jussie Smollett After He Refuses to Pay Investigation Costs](https://variety.com/2019/biz/news/jussie-smollett-chicago-lawsuit-hate-crime-empire-1203181373/)

I’m wondering if they _can_ recover the costs from him, given that the charges were dropped.

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**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\
**Post date:** [April 8, 2019, 2:27pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/169 "2019-04-08T14:27:52Z")

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> [@Dewey\_Finn](#):
>
> I’m wondering if they _can_ recover the costs from him, given that the charges were dropped.

I kind of think this is sort of similar to the whole OJ thing- he was acquitted in the criminal trial (likely due to police and prosecutorial bungling and incompetence), but the family was still able to sue in civil court for wrongful death and win.

I think in this case, the city realized that their criminal trial wasn’t going to go so well, but figured they could still recover the costs involved in civil court.

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**Author:** ![spifflog](https://avatars.discourse-cdn.com/v4/letter/s/c5a1d2/32.png) [@spifflog](https://boards.straightdope.com/u/spifflog)\
**Post date:** [April 8, 2019, 2:34pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/170 "2019-04-08T14:34:11Z")

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> [@bump](#):
>
> I kind of think this is sort of similar to the whole OJ thing- he was acquitted in the criminal trial (likely due to police and prosecutorial bungling and incompetence), but the family was still able to sue in civil court for wrongful death and win.
> 
> I think in this case, the city realized that their criminal trial wasn’t going to go so well, but figured they could still recover the costs involved in civil court.

“The city” meaning who specifically? The police and the mayor seem pretty confident that they could have convicted him. The prosecutors stated initially that they could convict him as well and then changed their position after the case was dropped.

The city leadership is very divided on this, so I don’t believe we can make any comments that discuss the city’s position as a whole.

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**Author:** ![Irishman](https://avatars.discourse-cdn.com/v4/letter/i/b487fb/32.png) [@Irishman](https://boards.straightdope.com/u/Irishman)\
**Post date:** [April 8, 2019, 3:15pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/171 "2019-04-08T15:15:40Z")

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> [@Darren\_Garrison](#):
>
> Chris Rock [has revoked Jessie’s U](https://www.nydailynews.com/news/national/ny-chris-rock-rips-jussie-smollett-20190331-5aoniy7xdvhfnoq7a74verkeam-story.html).

I don’t get it. Yeah, he spells his name with a u, not an e. His name is Jussie. And it’s Chris Rock, not Kris Rock. Is that a respect thing, too?

> [@RickJay](#):
>
> Irishman, honestly, your alternative explanations are ridiculous. Connections to Michelle Obama? Who the hell cares? “Balance the books a little”? What, for the first time in American history?

From a previously provided [link](https://www.chicagotribune.com/news/local/breaking/ct-met-jussie-smollett-kim-foxx-interview-20190327-story.html):

> [@](#):
>
> Communications released to the Tribune earlier this month showed Foxx had asked police Superintendent Eddie Johnson to turn over the investigation to the FBI after she was approached by a politically connected lawyer about the case.
> 
> Foxx reached out to Johnson after Tina Tchen, former chief of staff to first lady Michelle Obama, emailed Foxx saying the actor’s family had unspecified “concerns about the investigation.” Tchen, a close friend of Mayor Rahm Emanuel’s wife, said she was acting on behalf of the “Empire” actor and his family. A relative later exchanged texts with Foxx. A spokeswoman for the office said at the time that Smollett’s relative was concerned about leaks from Chicago police to the media.
> 
> Tchen released a brief emailed statement Wednesday, long after her involvement in the case came to light, saying she approached Foxx as a family friend of the Smolletts. She also noted knowing Foxx from unspecified “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,” the statement read.
> 
> In her approximately 20-minute interview Wednesday, Foxx said she suggested to Johnson that turning the case over to the FBI would clamp down on the leaks and be more efficient. The FBI was already investigating a threatening letter that Smollett had claimed to receive just days before the attack.
> 
> During their conversation, Foxx said, Johnson also told her to assure Smollett’s family that the actor was a victim. He also expressed frustration with the leaks, she said.

Underlining added to show link to Michelle Obama, as I stated. I’m not saying Obama had anything to do with the decision, but that Tina Tchen used her connections to apply pressure.

As for balancing the books, no, this isn’t the first time in American History. OJ took care of that one. But there are plenty of people who are viewing it through that lens, like some of his _Empire_ castmates, or actor Anthony Anderson.

> [@](#):
>
> Anthony Anderson said he was happy that the charges were dropped and had hoped that Smollett would attend the awards.
> 
> “I’m happy for him that the system worked for him in his favor because the system isn’t always fair, especially for people of color," Anderson told Variety.

I can totally see a District Attorney taking race into account in making decisions.

> [@Banquet\_Bear](#):
>
> …you don’t think that [113 million spent on police misconduct suits](https://chicago.suntimes.com/news/chicago-police-misconduct-lawsuit-payouts-totaled-113-million-2018/) in 2018 make a “botched investigation theory” more likely than a conspiracy theory involving Michelle Obama that is supported by no evidence at all?

That is a fair point, though many of those suits were over wrongful death, which doesn’t apply here. I’d like to hear what kind of botching the investigation you think might have happened. Especially given the evidence that we did see - all the video of the two brothers procuring supplies, the check, etc.

> [@Dewey\_Finn](#):
>
> I’m wondering if they _can_ recover the costs from him, given that the charges were dropped.

They can bill him, and sue him over refusal to pay, just like any other civil action. If the charges were dropped as part of some plea agreement, that should be in the sealed records, which I would hope would be unsealed to the court to justify the basis for the city of Chicago’s claims.

> [@bump](#):
>
> I think in this case, the city realized that their criminal trial wasn’t going to go so well, but figured they could still recover the costs involved in civil court.

That assumes “the city” was acting as one agency. All evidence points that the DA was acting as one agent, and the rest of the city (police department, mayor) are reacting as a second agent.

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**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\
**Post date:** [April 8, 2019, 4:51pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/172 "2019-04-08T16:51:22Z")

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> [@Irishman](#):
>
> I don’t get it. Yeah, he spells his name with a u, not an e. His name is Jussie. And it’s Chris Rock, not Kris Rock. Is that a respect thing, too?

This was something known as a “joke.” Chris Rock–who is something known as a “comedian”–was deriving “humor” from the unusual spelling of Jussie’s name.

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**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\
**Post date:** [April 8, 2019, 5:15pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/173 "2019-04-08T17:15:49Z")

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> [@Irishman](#):
>
> That assumes “the city” was acting as one agency. All evidence points that the DA was acting as one agent, and the rest of the city (police department, mayor) are reacting as a second agent.

Maybe Chicago’s different, but around here, the District Attorneys are county, while the Mayor and Police Dept. are City.

It’s possible that the police did everything right, and the DA decided not to pursue it for reasons unknown to anyone.

So the City then wants their money back for their time and trouble, and decides to go sue Smollett for it.

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**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\
**Post date:** [April 8, 2019, 7:03pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/174 "2019-04-08T19:03:39Z")

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> [@bump](#):
>
> Maybe Chicago’s different, but around here, the District Attorneys are county, while the Mayor and Police Dept. are City.
> 
> It’s possible that the police did everything right, and the DA decided not to pursue it for reasons unknown to anyone.
> 
> So the City then wants their money back for their time and trouble, and decides to go sue Smollett for it.

In this case, it was the State’s Attorney (Kim Foxx) who’s office was to prosecute Smollett. She is under a firestorm of (justified) criticism, since she publicly stated that she had recused herself since she was contacted by a family member of Smollett’s. Then when her office dropped the charges without explanation nor plea bargain, it was revealed that she did not recuse herself after all. And we’ll never know the real reason why her office dropped the charges because the file is sealed. Typical Chicago corruption.

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**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\
**Post date:** [April 12, 2019, 1:32am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/175 "2019-04-12T01:32:06Z")

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> [@](#):
>
> Jussie Smollett has just been hammered with a lawsuit the City of Chicago promised … and he may effectively go on trial for allegedly staging the “attack” in January. All told, the City wants what **will almost certainly be upwards of a half a million dollars**.

> **[Jussie Smollett Sued by City of Chicago For Faking 'Attack' and Lying to Cops](https://www.tmz.com/2019/04/11/jussie-smollett-sued-city-of-chicago-non-payment-attack/)**
>
> Jussie Smollett has just been sued by the city of Chicago.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [April 12, 2019, 2:09am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/176 "2019-04-12T02:09:06Z")

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> [@Banquet\_Bear](#):
>
> …you don’t think that [113 million spent on police misconduct suits](https://chicago.suntimes.com/news/chicago-police-misconduct-lawsuit-payouts-totaled-113-million-2018/) in 2018 make a “botched investigation theory” more likely than a conspiracy theory involving Michelle Obama that is supported by no evidence at all?

I just don’t see any reason for there to be a botched investigation. The information about what happened is entirely out in the open. There isn’t really anything to botch.

The only things I could see being botched are if the testimony saying they were paid off was found not to be true. But then why would they keep saying that they think he’s guilty?

It’s not remotely implausible for someone who knows someone else to call in a favor. No, I don’t think the Obamas themselves are involved. But he is well connected within the corrupt political machine in Chicago. He’s also just rather rich, and friends with the person who exonerated him.

This isn’t some massive conspiracy theory that needs a ton of people to keep silent. It just suggests some favors being called in or money exchanging hands.

And, unlike a conspiracy theorist, if someone can provide evidence of something else being wrong, then I’ll entertain that idea.

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [April 17, 2019, 6:13pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/177 "2019-04-17T18:13:23Z")

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Foxx is in the news again: [“thousands of texts and emails” about Smollett have been made public](https://www.chicagotribune.com/news/local/breaking/ct-met-jussie-smollett-kim-foxx-documents-20190416-story.html).

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [April 17, 2019, 8:08pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/178 "2019-04-17T20:08:00Z")

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> [@Skywatcher](#):
>
> Foxx is in the news again: [“thousands of texts and emails” about Smollett have been made public](https://www.chicagotribune.com/news/local/breaking/ct-met-jussie-smollett-kim-foxx-documents-20190416-story.html).

I suspect this is going to end badly for her.

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**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\
**Post date:** [April 18, 2019, 12:24am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/179 "2019-04-18T00:24:39Z")

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It should. Her handling of this case was completely unprofessional, possibly unethical.

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [April 23, 2019, 8:53pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/180 "2019-04-23T20:53:21Z")

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[The two Chicago brothers who claim Jussie Smollett paid them to help stage what police deemed a “hoax” attack filed a defamation lawsuit [today] against the “Empire” actor’s lawyers.](https://abcnews.go.com/US/brothers-implicated-jussie-smollett-hoax-attack-sue-empire/story?id=62573366)

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