One of the most interesting things about the dropping of the Smollett prosecution as well as the absurd reasons the prosecutors have given for doing so is that their explanations probably aren’t good enough to convince any child past the age of 10. In other words, the prosecutors not even trying to make us think they’re telling the truth. They either are too lazy to come up with a better story to explain themselves, too stupid, too non-creative—or they want us to know they don’t care what we think, they want us to see that they can do whatever they want to do and don’t really have to explain to the public in a way that’s believable, because power is power and power does what power wants.
Any tyrannical one-party regime tends to get that way, because nothing stops them from doing so. Democrats have been in power in Chicago for practically forever, and the city’s been corrupt for as long as I can remember, too, and even earlier.
Chicago corruption doesn’t usually get such national attention, but the Smollett case was and still is a big national story, and so all of America is listening and watching. And most of America doesn’t like what it hears and sees, and that includes quite a few people who usually support whatever Democrats do.
The spectacle of Mayor Rahm Emanuel and Police Superintendent Eddie Johnson calling out the prosecutors in scathing terms was initially a surprising one for people who don’t follow the ups and downs of Chicago politics (and that would include me), but it is just part of a more longstanding feud in that city between prosecutors on the one side and police and the mayor on the other.
Here’s a glowing background interview with Kim Foxx, the State’s Attorney for Cook County, from a group called the Center for Court Innovation. Foxx’s policies as head prosecutor for Chicago seem to have played a big role in the Smollett debacle, and this will give you some idea of what went on prior to that [emphasis added]. Everything that is in quotes except the lead paragraph are statements made by Foxx in response to the interviewer’s questions:
Foxx’s surprise victory in 2016 [she defeated the incumbent Democrat in the primary, which just about guaranteed her victory in the general] helped to ignite the movement to elect prosecutors promising something other than more “tough on crime” policies—a movement that has now racked up some notable victories…
As you talk about reform, it is the ability for me to do some things that, probably the law says I have to do one thing, I get to exercise my discretion to do another. My choice and what charges to bring, or conversely not to bring…
It’s a loaded concept that could be either used for good or evil. I don’t know what the balance looks like other than to start with: I think people should show what they’re doing so that we can start asking the question of should you or should you not be doing that? Should you or should you not be allowed to do that?
…I think it’s important to start with my biography of where I come from, even more so like the racial demographic of being the first African American woman in this position, and we know that people of color, women of color are vastly underrepresented in elected prosecutor’s offices, so it’s really significant. But I do think of equal important significance is the fact that I come from a community that is very similar to me and the folks in Chicago who experienced high incidents of crime and violence in their neighborhoods…
I see so many people who go into law enforcement and prosecution with this hero complex, this, “I want to save the day.” The designation of who wears the white hats versus who wears the black hats. That often makes my stomach churn because it is this belief that you are coming to save someone. Even in the worst of times in the projects, when I lived there, it was a community rich in love and support. Everything that was happening there, there was still this fabric. We didn’t need people to save us, we needed people to support us and that, I think, is a big distinction for people who have a healthy distance from communities like that…
That’s what we’re trying to do: engage our attorneys with narratives, not just of mine, but of people who’ve been impacted by the system. Getting our people out of courtrooms into the community to sit, to listen, and really do some self-reflection on: what do we really factor when we talk about this work? Are you really factoring what’s in the best interest of the community or what you think is a punishment fit for a crime?
Let me pause for a moment here and add that the only “community” for which the disposition of the Smollet case seems to have been in its best interests would be a rather small one: the community of “Empire,” actors, and Jussie Smollett and family. And I’m not even sure about the latter; I think it might have been better for him to have paid his dues in some way and moved on.
This certainly didn’t help the black community as a whole, whose valid reports of hate crimes against them are not going to be given more credence now. It doesn’t help the left, some of whom seem almost embarrassed by it as this point, although embarrassment is not too common for them. It doesn’t help to heal any racial divides. And I doubt it will dissuade people from making false accusations in the future. It seems to be about patronage and corruption, and probably is, and that can’t possibly be good for any community, including that community of one named Kim Foxx.
More from the interview:
…My election was really about talking about the criminal justice system in a way that we hadn’t talked about it before. Largely prosecutors’ races, and races in Cook County, the messaging was largely for people who lived in neighborhoods not impacted by violence. The target audience were some of our suburban communities who had deep fears about violence in the city of Chicago and wanted to make sure that violence was contained, that their communities were safe, that’s who the targeting was for.
This was a race that I wanted to make sure that we were targeting people who were actually impacted by violence, actually who lived in those neighborhoods, who had people who were both perpetrators and victims in their families, in their same bodies, and saying to them, “This system should be fair to you.”
We have 86 percent of the people who were in our jail in 2016 when I ran, were black and brown. Most of them had a sense that the justice system only viewed them as an instrument and not as a person. So I ran the race talking to those communities, talking about the fact that I had more in common with the people who come through our justice system than the people who work in the office, and saying that you should expect more. I think for me turning the page was that this was an office that had to be inclusive of the entire county; that we had to recognize that the disparities that existed were unacceptable and that we had to be intentional about doing something about it.
…I think you have to be honest. The relationship between our office and the community was broken because we weren’t honest with the people that we worked with. The justice system in Chicago long before Laquan McDonald, had been broken, and the relationship had been broken. I think that the conversation in the last four years since his death has certainly been elevated, but this is a city that has paid out hundreds of millions of dollars related to cases of police misconduct. This is a city that actually teaches a curriculum in Chicago public schools about police torture as a result of litigation that had been ongoing related to the torture of black men on the south side by Chicago police.
…I have a really good working relationship with the superintendent of the Chicago Police Department, Eddie Johnson…I’ve never been anti-law enforcement, I am law enforcement. I am anti-bad law enforcement. That is dangerous to our communities.
…People are saying, “Well, you’re soft on crime.” Let me show you what we’re doing. I think when you do that, it dispels what people want to say about you, because I think people wanted to have a narrative about what it meant for a black woman to have this job, a black woman from the projects to have this job—”I heard she’s going to let everybody black out of jail.”
Again, I’ll pause to reflect that the fact that Smollett was let off certainly does nothing to disabuse people of that notion in the last sentence of that quote. It’s interesting, though, that is this case, criticism of the decision seems to focus less on the color angle and more on the idea that Smollett was released because of connections, money, and the privileges associated with all those things.
There’s much much more in the article; it’s a really long interview. The bulk of it is about violent crime in Chicago and how to treat perpetrators accused of violence (mostly poor and black perpetrators), and of course the Smollett case most definitely does not fall into that particular box. The general message is of a kinder, gentler prosecutor attitude, and that somehow this will help everyone.
It’s hardly worked out that way. What has happened with the Smollett case is that now just about everyone holds the Chicago prosecutor’s office in contempt. And as for transparency, this case is the opposite of transparency as far as the actions of the prosecution are concerned.
Here’s the way most people probably react:
After Foxx had to recuse herself from the case for playing Obama Celebrity Friends, Joseph Magats, the first assistant state’s attorney, took over.
“The fact that (Smollett) feels we have exonerated him, we have not,” Magats told the Tribune. “I can’t make it any clearer.”
You can’t make it any clearer? Well, I can’t make this any clearer.
Smollett is a star. Your boss jammed herself up some way we don’t know about. But she jammed herself. And so, you cut him a deal.
You made the deal to expunge him. You let him work off “community service” with a couple of days doing odd jobs at the Rainbow/PUSH Coalition. I hoped he sold a few Jesse Jackson action figures. But then Rainbow/PUSH said it had no idea his volunteer work had anything to do with the criminal case.
Foxx hasn’t helped herself any with statements such as this:
“I think that there is a lot of confusion,” Foxx said at WBEZ, adding that there was a “slim” chance Smollett would have received jail time in the case. “There’s some people who were never going to be satisfied unless Mr. Smollett spent many nights in prison.”
Nope, Ms. Foxx. Oh, probably there are “some people” who felt that way. But most people whose comments I’ve read or heard never really expected that to happen, although they would have liked it. They expected a deal of some sort that kept him out of prison. But that deal was expected to contain some rather conventional elements such as admission of wrongdoing, probation, that sort of thing. Maybe even a substantial fine instead of a wrist slap that amounts to almost nothing to a person with an income such as Smollett’s.
Leaving Foxx behind there’s plenty more, and you’ve probably read some of it. But since this post is already getting interminable, I’ll just give you two links:
The FBI may be investigating another aspect of the Smollett case, the hoax letter.
Who’s Tina Tchen and why did she intervene on behalf of Smollett?