He might opt for the $390K if he doesn’t have the $13 million.
Foxx is getting crushed by lawyer groups. The Illinois Prosecutors Bar Association was particularly scathing.
I was just coming to post about the Illinois State Prosecutors.
So was Foxx paid off, or what?
I don’t know the conditions of the agreement, the sealing of records and whatnot. It’s possible double jeopardy would apply. It is also likely that his continued public assertion he was attacked does not meet the grounds of filing an official record, such that he could be prosecuted for it as a separate occurrence.
Again, I don’t know if they can prosecute him for anything, especially since that would require the Prosecutor’s Office to actually enforce. However, I think the city could press a civil suit for costs and damages.
Alternately, Jussie could sue the city for continued “disparagement”. Either way, further legal action should open the sealed records for the court to evaluate. Wouldn’t necessarily make them public, but would be evidence to justify the city’s case in either situation.
Also, it would be really interesting if Foxx ends up doing jail time for some sort of corruption - bribery, influence, whatever.
Maybe he could do a project with Joss Whedon and get a Juice Newton song for the theme. 
It would take a lot of money to replace a career. Based on the public statements made by the legal community I imagine she will come under some kind of legal review.
And Smollett’s continued insistence of innocence means the police have a duty to continue the investigation and that would require access to the sealed files.
All of this will mean time for FOIA requests to work their way through the court system.
I think he can still be prosecuted in federal court since there are federal laws against hate crimes.
And Kim Foxx is up for reelection next year. I doubt she’ll be prosecuted, although I think she should be. Turns out she lied about recusing herself (she was using the term “colloquially” and not in the legal sense. I’m not a resident of Cook County, but if I was I would never reelect someone who is so dishonest. She makes the city of Chicago look really corrupt.
This made me laugh.
The Chicago Tribune ran an op-ed piece yesterday by Kim Foxx, the Cook County State’s Attorney, to explain why she dropped the charges.
I don’t think it helps. She may have better served herself and the public by remaining silent.
I’m waiting for him to file a lawsuit – at this point, it honestly would not surprise me.
She is talking out of both sides of her mouth. I don’t believe that many people would be upset for a plea deal with a guilty plea in exchange for an alternative sentence. As others have said, this is probably not an act worthy of a penitentiary sentence given his criminal history.
But she fails to explain the outright dismissal of the charges. She cites how people with Class 4 felonies are not sent to jail or prison, but they do plead guilty, accept responsibility, have a criminal record, and more importantly have an alternative sentence by which the judge can enforce terms and conditions to keep the person law-abiding in the near future.
And what is this “non-violent” nonsense? In Chicago I guess I can sell heroin on the street corner and as long as I am peaceful about it, I get the same deal?
Today (Sunday), the American sources of the local (Australian) crazy-right-wing talk channel just shrugged and said “Chicago”.
Mayor Rahm was shocked, shocked* to discover this observation as a result of this case.
*That’s a reference to the movie Casablanca for those of you under 60.
Chris Rock has revoked Jessie’s U.
So are the Nigerians guilty… or does Chicago have 2 roaming racists waiting to attack 3rd tiered celebrities, LOL cause if they attack in freezing weather Id imagine they would be out in force once the weather warms Alfonso Ribeiro an Al Roker better be careful if they travel to the Windy city. LOL it is MAGA country
It still sounds like there’s a nasty admissibility or something issue. She says so right out. Which could be a lie, but lawyers tend not to outright make up things like that.
Of course, I would expect Rahm and the Chicago Police chief to lie and/or throw the prosecutor under the bus, even if it was a police screw-up that led to the evidence problem.
Again, I think most likely there was no bribe or any corruption. But the amount of attention would make the prosecutor err on the side of not going to trial, where with less publicity they might take their chances even with an evidence problem. Being politically connected isn’t a ‘get out of jail free’ card (well, not all the time), but it is a ‘your case gets checked three times for potential issues’ card when a poor nobody doesn’t get that kind of third-guessing from the prosecutor.
She has outright made up a number of things about this case. I have no reason to think she’s not continuing that pattern of behavior still.
She stated publicly that she had recused herself. That was not truthful & when called out on it, said she recused herself in the “colloquial sense”, not in the legal sense, which of course is total bullshit.
Then she said that lots of class 4 felonies are disposed of in this way, yet despite sending an email out to everyone in her office looking for any other cases that were handled like this one, she came up with nothing.
The fact that she ran on a platform of transparency makes it that much worse. Total corruption. And as others have said, if community service & restitution were part of a plea bargain where he admitted guilt, no one would care, but the fact that justice (or the lack thereof) can be bought if you have the right connections is just offensive to everyone.