Interference with the judicial process

[Alpha Sierra]

Or judicial activism? I don't know how else to explain this: https://www.foxnews.com/entertainment/jussie-smollett-wont-be-prosecuted-on-charges-he-faked-attack

Maybe Guano Loco can launch a probe?

[csheehy]

Forget it, Alpha Sierra...it's Chi-town...

[wvincent]

Or judicial activism? I don't know how else to explain this: https://www.foxnews.com/entertainment/jussie-smollett-wont-be-prosecuted-on-charges-he-faked-attack

Maybe Guano Loco can launch a probe?

"Good old Chicago"?

Or someone thought that the left and the Leftist leaning media needed needed to catch a break after the "Muh Russia" debacle?

[Alpha Sierra]

Or someone thought that the left and the Leftist leaning media needed needed to catch a break after the "Muh Russia" debacle?

I like the way you think

[Alpha Sierra]

Forget it, Alpha Sierra...it's Chi-town...
So you're saying it was interference with a judicial process, then......

[the Schwartz]

Or judicial activism? I don't know how else to explain this: https://www.foxnews.com/entertainment/jussie-smollett-wont-be-prosecuted-on-charges-he-faked-attack

Maybe Guano Loco can launch a probe?

Although it is hard to imagine what it might be, I suspect that the emergency hearing and subsequent dismissal may have had to do with some exculpatory evidence surfacing.

[csheehy]

So you're saying it was interference with a judicial process, then......

On the nose.

[blues]

https://youtu.be/9cWnubJ9CEw

[blues]

double tap

[wvincent]

Although it is hard to imagine what it might be, I suspect that the emergency hearing and subsequent dismissal may have had to do with some exculpatory evidence surfacing.

You're probably right, I mean between the video evidence and the two brother cooperating with LE, it was pretty shaky :rolleyes:

Or maybe Jusse remembered that they said "This is MAGA country" in heavily accented Russian.

Quick, someone call Mueller, time to reopen the "investigation".

[LittleLebowski]

Wasn't there talk of federal charges?

[blues]

In true Hollywood Chicago style, this reprieve sounds like a Rahm'n Holiday.

[wvincent]

In true Hollywood Chicago style, this reprieve sounds like a Rahm'n Holiday.

One thousand likes for you sir!!

[blues]

One thousand likes for you sir!!

You, sir, are much too kind. (But I'll take it. :cool:)

[Alpha Sierra]

Although it is hard to imagine what it might be, I suspect that the emergency hearing and subsequent dismissal may have had to do with some exculpatory evidence surfacing.

Or some phone calls the judged received.

Couldn't be that...….

[Jeff S.]

I don’t think it was a judge who dropped the charges, but rather it was the DA who decided not to press for charges.

[the Schwartz]

Or some phone calls the judged received.

Couldn't be that...….

Perhaps. Stranger things have happened, but it is hard to say what happened. It is unlikely that debating in a vacuum will yield correct answers.

The case was also sealed meaning that the likelihood of discovering exactly what happened is pretty remote.

When I was a young cop back in the mid-1980s, I was told by my field training officer to always remember that ''the legal system has never been concerned with 'customer satisfaction'.'' That insight makes disappointing outcomes like this one no less disturbing, but it also helps to put it into perspective. It was a 'small ball' case, Smollett's reputation remains damaged even with the dismissal, and in the end, the guy amounts to nothing more than a fart in the maelstrom that is our legal system.

[csheehy]

Or some phone calls the judged received.

Couldn't be that...….

If there's any doubt, there is no doubt.

[TGS]

I don’t think it was a judge who dropped the charges, but rather it was the DA who decided not to press for charges.

How dare you actually read the fucking article before commenting.

[the Schwartz]

You're probably right, I mean between the video evidence and the two brother cooperating with LE, it was pretty shaky :rolleyes:

Or maybe Jusse remembered that they said "This is MAGA country" in heavily accented Russian.

Quick, someone call Mueller, time to reopen the "investigation".

In the grand scheme of things, this whole incident is of little consequence. We all know that people like Smollett are intent on doing all that they can to attack President Trump and that nothing is beneath them. If this is the best that they have, then theirs is truly a lost cause. It is kind of sad to be honest about it.

[wvincent]

Perhaps. Stranger things have happened, but it is hard to say what happened. It is unlikely that debating in a vacuum will yield correct answers.

The case was also sealed meaning that the likelihood of discovering exactly what happened is pretty remote.

When I was a young cop back in the mid-1980s, I was told by my field training officer to always remember that ''the legal system has never been concerned with 'customer satisfaction'.'' That insight makes disappointing outcomes like this one no less disturbing, but it also helps to put it into perspective. It was a 'small ball' case, Smollett's reputation remains damaged even with the dismissal, and in the end, the guy amounts to nothing more than a fart in the maelstrom that is our legal system.

So, couple of questions if you don't mind? Why is it sealed? He certainly isn't a juvenile. And the agreement to forfeit his bond to the city sure seems like a "settlement fine". And the Cook County States Attorney wanting the FBI to investigate the Smullet probe?

You may be right in all aspects, but considering how politically charged this case was, it has a bit of a smell about it.

Judging by scanning the MSM, this is just what they needed, "the ole narrative shift".
Mueller........Mueller..........SQUIRREL!!!!!
Cause quite frankly, they have been getting beaten upon the head and shoulders for the last few days over the "Collusion Delusion".

And Rham, dont' forget about Rham.

[the Schwartz]

So, couple of questions if you don't mind? Why is it sealed? He certainly isn't a juvenile. And the agreement to forfeit his bond to the city sure seems like a "settlement fine". And the Cook County States Attorney wanting the FBI to investigate the Smullet probe?

You may be right in all aspects, but considering how politically charged this case was, it has a bit of a smell about it.

Judging by scanning the MSM, this is just what they needed, "the ole narrative shift".
Mueller........Mueller..........SQUIRREL!!!!!
Cause quite frankly, they have been getting beaten upon the head and shoulders for the last few days over the "Collusion Delusion".

And Rham, dont' forget about Rham.

Funny that you mention Rahm Emmanuel.

His speech before the press, sounds like that of a dyed-in-the-wool conservative. Kind of ironic and damned funny if you ask me...

Emmanuel wonders where the accountability for one's actions are, he's upset at the deal that was struck and the appearance of injustice that emanates from the 'brokered deal' (as mentioned by the CPD Chief) and the apparent exploitation of the hate-crime laws by Smollett. Although it is unusual, if both parties agree to seal the case and its findings, they may do so. Doesn't necessarily have to be a juvenile case to do so. More'n likely, the DA's decision to seal the case is a pathetic attempt at CYA. It also opens the City of Chicago to some potential/substantial legal liability, if that was not addressed in the sealing of the case; Smollett could conceivably sue for damages (libel, slander, etc.). I suspect that we can expect that to occur soon. He seems to like his $$$.

This might a be an attempt at 'changing the channel', but it won't last long. The MSM's massive and emotional response to the outcome of the Mueller investigation―not to mention the pending war over the ACA and that it stands the very real chance of being struck down by the US Supreme Court―is going to last far longer than this relatively minor distraction. The Democrats/Liberals/media have a lot of skin on the line in these issues and they'll drown out this thing in short order.

[wvincent]

Funny that you mention Rahm Emmanuel.

His speech before the press, sounds like that of a dyed-in-the-wool conservative.

Emmanuel wonders where the accountability for one's actions are, he's upset at the deal that was struck and the appearance of injustice that emanates from the 'brokered deal' (as mentioned by the CPD Chief) and the apparent exploitation of the hate-crime laws by Smollett. Although it is unusual, if both parties agree to seal the case and its findings, they may do so. Doesn't necessarily have to be a juvenile case to do so.

This might a be an attempt at 'changing the channel', but it won't last long. The MSM's massive and emotional response to the outcome of the Mueller investigation―not to mention the pending war over the ACA and that it stands the very real chance of being struck down by the US Supreme Court―is going to last far longer than this relatively minor distraction.

Thanks, just caught the Rham speech. All I can say is WOW, that stunt double looked just like Rham, but he sure didn't sound like him. I suspect the real Rham is tied up with rope in a closet back at City Hall:rolleyes:;)

[the Schwartz]

Thanks, just caught the Rham speech. All I can say is WOW, that stunt double looked just like Rham, but he sure didn't sound like him. I suspect the real Rham is tied up with rope in a closet back at City Hall:rolleyes:;)

Surreal, ain't it? :cool:

Maybe this is proof that ET exists: Invasion of the Body Snatchers

Wondering where Rahm's pod is....

[blues]

Rahma Lama Ding Dong!!!

Wow, that was a surprise. (A pleasant one.) Didn't know he had it in him.

[Duces Tecum]

Although it is hard to imagine what it might be, I suspect that the emergency hearing and subsequent dismissal may have had to do with some exculpatory evidence surfacing.

We think alike.

I thought it was probably a sudden campaign contribution, too.

[the Schwartz]

Rahma Lama Ding Dong!!!

Wow, that was a surprise. (A pleasant one.) Didn't know he had it in him.

Hell, neither did I.

I laughed (and rather loudly) throughout Rahm's speech. His indignance (I doubt it was feigned), not to mention that if the liberal media, at someone who exploited the environment of entitlement and disenfranchisement that they (Democrats/Liberals) have created is tremendously entertaining and telling. Now that the shoe is on the proverbial 'other foot' (watching Rahm and the liberal media (CNN, MSNBC, CNBC, etc.) fume and sputter over this), one almost begins to wonder if they'll have collective change of heart....until you turn on those channels on again. :rolleyes:


It is fascinating to watch the MSM hoist on their own petards by one whose interests (racial justice, social justice, LGBTQ) they've championed.

[the Schwartz]

We think alike.

I thought it was probably a sudden campaign contribution, too.

Well, ten grand is a nice, round number. ;)

To make 16 felonies 'disappear'? Damned cheap, too.

[blues]

Well, ten grand is a nice, round number. ;)

To make 16 felonies 'disappear'? Damned cheap, too.


I don't think 10K buys much in Chicago. Not once you get past the bottom feeders.

[NEPAKevin]

Probably just coincidence...


Left-wing billionaire mega-donor George Soros donated $408,000 in 2016 to a super PAC that supported Cook County State’s Attorney Kim Foxx, whose office prosecuted — and dropped — the Jussie Smollett case.

https://www.breitbart.com/politics/2019/03/26/george-soros-donated-408k-to-kim-foxx-prosecutor-who-let-jussie-smollett-walk/

[Glenn E. Meyer]

Does he suffer from Affluenza, that worked in TX to some extent? Gets you off from killing 4 people.

Oh, wait - justice is corrupt - breaking news!!

At least getting into college is based on an empirical evaluation of your abilities. Oh, wait, breaking news.

Anybody complaining about Manafort's light sentences? He was a such a good man, says the Judge - except for this little booboo.

Mess with perhaps underage and trafficked girls in a brothel. Just go back to your NFL team!

Breaking news - if you manage to get elite status, be it on the left or the right - you can get a break and others can complain on breaking news.

[BigDaddy]

Some of you may or may not know this. Awhile back, the former Chief of Staff for Michelle Obama contacted Kim Foxx ( the States Attorney who dropped charges) and asked her to reach out to Eddie Johnson ( CPD Superintendent) to see if he would agree to allow the FBI to take over the case. Eddie refused although the G had some type of minor involvement in the case.

So when that failed the only other recourse was to drop the case, public opinion be damned. The States Attorney is the former Chief of Staff for Toni Preckwinkle who is currently running for Chicago Mayor and is currently the Cook County Board President. She is a huge racist and an even bigger police hater. She ran on a platform of there being too many brown and black people in jail and is doing everything she can to rid Cook County jail of black and brown prisoners and deny police Felony charges when they ask for them.

Chicago is a cesspool. For more proof of this and to show you how corrupt the system here is, take a look at the case involving the recently murdered CPD Officer and the criminal history of the guy who murdered him. That guy should have never been allowed back on the street with his history but yet he was a good young Police Officer is dead because of the corruption in this system here.

[wvincent]

Some of you may or may not know this. Awhile back, the former Chief of Staff for Michelle Obama contacted Kim Foxx ( the States Attorney who dropped charges) and asked her to reach out to Eddie Johnson ( CPD Superintendent) to see if he would agree to allow the FBI to take over the case. Eddie refused although the G had some type of minor involvement in the case.

So when that failed the only other recourse was to drop the case, public opinion be damned. The States Attorney is the former Chief of Staff for Toni Preckwinkle who is currently running for Chicago Mayor and is currently the Cook County Board President. She is a huge racist and an even bigger police hater. She ran on a platform of there being too many brown and black people in jail and is doing everything she can to rid Cook County jail of black and brown prisoners and deny police Felony charges when they ask for them.

Chicago is a cesspool. For more proof of this and to show you how corrupt the system here is, take a look at the case involving the recently murdered CPD Officer and the criminal history of the guy who murdered him. That guy should have never been allowed back on the street with his history but yet he was a good young Police Officer is dead because of the corruption in this system here.

Good info, but one question. What would be the benefit of having the FBI take over the investigation? Even for everything that's happened in regards to the "Collusion Delusion", there is no way that reaches done to the rank and file agents. If anything, I would think even more evidence could be uncovered concerning the "assault".

[BigDaddy]

Because they think they can manipulate the FBI. I doubt they can do that with the field agents but can we say the same thing with the upper management?

[wvincent]

Point Taken. Thanks.

[the Schwartz]

There are many things that I miss in Chicago.

This-


Some of you may or may not know this. Awhile back, the former Chief of Staff for Michelle Obama contacted Kim Foxx ( the States Attorney who dropped charges) and asked her to reach out to Eddie Johnson ( CPD Superintendent) to see if he would agree to allow the FBI to take over the case. Eddie refused although the G had some type of minor involvement in the case.

So when that failed the only other recourse was to drop the case, public opinion be damned. The States Attorney is the former Chief of Staff for Toni Preckwinkle who is currently running for Chicago Mayor and is currently the Cook County Board President. She is a huge racist and an even bigger police hater. She ran on a platform of there being too many brown and black people in jail and is doing everything she can to rid Cook County jail of black and brown prisoners and deny police Felony charges when they ask for them.

Chicago is a cesspool. For more proof of this and to show you how corrupt the system here is, take a look at the case involving the recently murdered CPD Officer and the criminal history of the guy who murdered him. That guy should have never been allowed back on the street with his history but yet he was a good young Police Officer is dead because of the corruption in this system here.

-is not one of them.

[txdpd]

Color me completely unsurprised.

I don't know what CPD thought was going to happen. Prosecuting felony charges for a false report that resulted in no arrest, no falsely identified suspects, and no civil unrest is a bit of a stretch just about anywhere. The state would face impossible odds prosecuting the case, the defense needed one person on the jury that believed that Smollett believed he was telling the truth. CPD should have unfounded the case, put the facts they had out on a public release and left it at that. At some point the state was going to have to get rid of the case, easier to take a crap on CPD than own it. CPD should have seen that coming down the pipe.

[farscott]

The presumption of innocence is a part of the justice system. As such, some people, though many think are guilty of the charges, will never be found guilty in a court of law. As mentioned above, this case was going to be a hard sell. And while that may be galling, it is a heck of lot better than a system where charges are equated with guilt and the proof to be acquitted has to be provided by the defendant.

The system sucks, but it sucks a lot less than any other system.

[BigDaddy]

Smollet was arrested. With the amount of evidence available I'm not sure why you think this case not winnable. We all knew that it was a gamble especially with all the high priced, west coast lawyers coming in. I thought that they would be able to get the two brothers to flip and recant the entire story even though they were at the Grand Jury. We never thought that the States Attorney would betray us and just drop charges in such a fashion and then make such egregious comments like they did.

[Bart Carter]

Color me surprised:

In a thread on Twitter, ex-Obama adviser David Axelrod tweeted Tuesday afternoon: “Unless some better explanation surfaces, here’s the lesson of this weird turn in the Smollett case: You can contrive a hate crime, make it a national news, get caught and-if you are a well-connected celebrity-get off for $10K and have your record expunged and files sealed.”

[Bart Carter]

By Frank Mikes, Fox News:


It was not immediately clear what prompted the decision to dismiss the case. In a statement, the Cook County prosecutors’ office offered no detailed explanation. The city will keep the $10,000 in bail money that Smollett paid to get out of jail after his arrest.

“After reviewing all of the facts and circumstances of the case, including Mr. Smollett’s volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case,” said the statement from spokeswoman Tandra Simonton.

Typically, a minimum condition of dropping cases is some acceptance of responsibility.

Outside court, neither Smollett nor his legal team appeared to concede anything about his original report.

The Associated Press contributed to this report

[Alpha Sierra]

I wonder if the result would have been the same had the skin colors of the "victim" and "perpetrators" been reversed?

Nah I don't need to wonder.

[Bart Carter]

Color me completely unsurprised.

I don't know what CPD thought was going to happen. Prosecuting felony charges for a false report that resulted in no arrest, no falsely identified suspects, and no civil unrest is a bit of a stretch just about anywhere. The state would face impossible odds prosecuting the case, the defense needed one person on the jury that believed that Smollett believed he was telling the truth. CPD should have unfounded the case, put the facts they had out on a public release and left it at that. At some point the state was going to have to get rid of the case, easier to take a crap on CPD than own it. CPD should have seen that coming down the pipe.


The presumption of innocence is a part of the justice system. As such, some people, though many think are guilty of the charges, will never be found guilty in a court of law. As mentioned above, this case was going to be a hard sell. And while that may be galling, it is a heck of lot better than a system where charges are equated with guilt and the proof to be acquitted has to be provided by the defendant.

The system sucks, but it sucks a lot less than any other system.

Yes, how could the grand jury, after hearing the evidence, possibly indict Smollett on 16 felony counts? Why do we even have grand juries? :rolleyes:

[farscott]

Yes, how could the grand jury, after hearing the evidence, possibly indict Smollett on 16 felony counts? Why do we even have grand juries? :rolleyes:

Something ... ham sandwich ... something ....

[txdpd]

People rarely get charged with making false reports, especially if no one suffers harm due to the false accusations. The potential for civic unrest/rioting is certainly something that should have been considered in charging Smollett.

What's the actual evidence that Smollett committed a crime? From what's been released it's a circumstantial case, there's no hard evidence on Smollett and hinges on the testimony of the two brothers, who are shady characters. That's not an easy sell to a jury.

edited

Grand juries are going to determine if there's probable cause presented to proceed with a case, which is not the same as determining if there's evidence beyond a reasonable doubt to convict. The real question is if grand juries are determining guilt or innocence, why bother with the rest of the justice system.

[TC215]

People rarely get charged with making false reports, especially if no one suffers harm due to the false accusations. The potential for civic unrest/rioting is certainly something that should have been considered in charging Smollett.

That might be true in Dallas, but not everywhere else.

[GardoneVT]

Interference?? From where? This is the judicial process in Chicago, and has been since the mayors middle initial was “J”.

[BigDaddy]

Here's another part of the puzzle and the one I find most interesting. A few weeks ago Kim Foxx was seen in Hollywood being wined and dined by persons unk. Why? Why would someone out in LA give a rats ass about a Chicago prosecutor? Who is Rahm Emanuels brother? Here's a clue. He's a Hollywood player, a big one. Then all of a sudden Mark Geragos appears on the scene and is now part of the defense team? Who is Mark Geragos you ask? Just an un-indicted co-conspirator in the Michael Avenatti affair that's who. Co-incidence or not? You make the call. So all you lawyers who want to analyze this from a legal perspective, for all you who want to blame the CPD for all you want to believe Rahm phony protests, go right ahead. I'm going with "The Fix Was in From The Get Go" for 1000 dollars.

[Gray01]

the prosecution's case against Jussie Smollett


https://www.chicagotribune.com/news/local/breaking/ct-jussie-smollett-bond-proffer-20190221-htmlstory.html

[willie]

The disturbing aspect for me is that he used a hate crime context. But he has already been made out to be an ass and is not the first well to do person to be the system. I say let it go.

[BigDaddy]

I think they would if not for the fact that Chicago get's vilified by their own doing. In this case they don't need the extra help.

[Gray01]

36592

[ssb]

It would appear the State entered a nolle, which means they declined to prosecute. Assuming Illinois is like everywhere else I'm familiar with, this also means the State may bring the charges back within the statute of limitations -- it's a dismissal without prejudice.

I'm not a Chicago prosecutor and I have no knowledge whatsoever of the case apart from what I've read, but there was entirely too much pretrial publicity in this case, to include specific, CPD-should-have-kept-their-mouths-shut details of how Smollett allegedly set the hoax up. That was compounded by politicians and politicians dressed like cops deciding they needed to have their soundbites heard. Those are things can have very serious impacts on a defendant's due process rights. My completely uninformed speculation is that this may have been a factor.

[FNFAN]

Once upon a time on a planet far-far away,"Anti-Cord-Around-The-Neck" legislation is reintroduced by a High Potentate from the Far Westerlies seeking an even Grander More Exalted place to work her magik.

Amazingly, a guy the High Potentate mentioned as, "One of kindest most gentle human beings I know," -is attacked! "How?" you gasp! With a "cord" around his neck! "This is nothing but a modern day cording," proclaims the High Potentate.

The "Gentle Human" is set upon by nay-sayers and doubters who, of course, examine and doubt him 16 times! "Oh No!" Says the "Gentle Human," "I cannot be mixed with Non Gentle Humans, for they would set upon my most gentle bits!"

Soon, thereafter, the "Truthseeker Extreme" of the shire of the "Gentle Human" quests forth to the Far Westerlies and is regailed! With her mind cleared of contact with the evil nay-sayers and otherwise set right, she cast a grand and sweeping spell sealing all 16 doubts where they cannot hurt anyone, anymore! (Especially someone seeking a Grander More Exalted Place!)

And They All Lived Happily Ever After.

[LittleLebowski]

;)
Once upon a time on a planet far-far away,"Anti-Cord-Around-The-Neck" legislation is reintroduced by a High Potentate from the Far Westerlies seeking an even Grander More Exalted place to work her magik.

Amazingly, a guy the High Potentate mentioned as, "One of kindest most gentle human beings I know," -is attacked! "How?" you gasp! With a "cord" around his neck! "This is nothing but a modern day cording," proclaims the High Potentate.

The "Gentle Human" is set upon by nay-sayers and doubters who, of course, examine and doubt him 16 times! "Oh No!" Says the "Gentle Human," "I cannot be mixed with Non Gentle Humans, for they would set upon my most gentle bits!"

Soon, thereafter, the "Truthseeker Extreme" of the shire of the "Gentle Human" quests forth to the Far Westerlies and is regailed! With her mind cleared of contact with the evil nay-sayers and otherwise set right, she cast a grand and sweeping spell sealing all 16 doubts where they cannot hurt anyone, anymore! (Especially someone seeking a Grander More Exalted Place!)

And They All Lived Happily Ever After.

My head hurts.

[Joe in PNG]

Eh. That it got as far as a grand jury surprised me.
That it got dropped didn't.

[wvincent]

Once upon a time on a planet far-far away,"Anti-Cord-Around-The-Neck" legislation is reintroduced by a High Potentate from the Far Westerlies seeking an even Grander More Exalted place to work her magik.

Amazingly, a guy the High Potentate mentioned as, "One of kindest most gentle human beings I know," -is attacked! "How?" you gasp! With a "cord" around his neck! "This is nothing but a modern day cording," proclaims the High Potentate.

The "Gentle Human" is set upon by nay-sayers and doubters who, of course, examine and doubt him 16 times! "Oh No!" Says the "Gentle Human," "I cannot be mixed with Non Gentle Humans, for they would set upon my most gentle bits!"

Soon, thereafter, the "Truthseeker Extreme" of the shire of the "Gentle Human" quests forth to the Far Westerlies and is regailed! With her mind cleared of contact with the evil nay-sayers and otherwise set right, she cast a grand and sweeping spell sealing all 16 doubts where they cannot hurt anyone, anymore! (Especially someone seeking a Grander More Exalted Place!)

And They All Lived Happily Ever After.

Just drop the mike and walk off stage!

[Edster]

As soon as the protests and riots start, this will be reversed.

(cue laughter)

[blues]

"Hands Up, Don't Prosecute!"

[Alpha Sierra]

Blue flu epidemic coming to Chicago?

https://www.foxnews.com/us/chicago-cops-smell-political-rat-in-wake-of-jussie-smollett-case-dismissal

[BigDaddy]

People rarely get charged with making false reports, especially if no one suffers harm due to the false accusations. The potential for civic unrest/rioting is certainly something that should have been considered in charging Smollett.

What's the actual evidence that Smollett committed a crime? From what's been released it's a circumstantial case, there's no hard evidence on Smollett and hinges on the testimony of the two brothers, who are shady characters. That's not an easy sell to a jury.

edited

Grand juries are going to determine if there's probable cause presented to proceed with a case, which is not the same as determining if there's evidence beyond a reasonable doubt to convict. The real question is if grand juries are determining guilt or innocence, why bother with the rest of the justice system.

Do you somehow have an inside view of ALL the evidence collected in the case?

[Gray01]

"Chicago Police Department's complete investigative file of Jussie Smollett case"

https://www.cwbchicago.com/2019/03/exclusive-chicago-police-departments.html

[UNM1136]

Based on news reports, this is a simple pre-prosecution diversion agreement. A sweetheart one, to be sure, but an agreement nonetheless. Here is how it works locally:

I make an arrest, and testify at grand jury. True bill, defendant is charged. The the wrangling begins. Typically, here, you lawyer approaches the DA running the case and requests it. Nonviolent crimes only, and a clean criminal (no felonies) record, and you have to have cooperated with the police during the investigation. As part of the agreement your attorney helps you write a confession to the crime, waiving the Fifth. The confession goes into the DA's case file. The confession has to be approved by the DA, so it needs to be detailed, and accurate. Then the case gets Nolle'd. All charges are dropped without prejudice. Then the statue of limitations comes into play, and the defendant may have some plea like conditions, like community service and fines. Until the clock runs, (based on the potential jail time in this case the statue in my state would be 18 months to 5 years) the defendant has to stay out of trouble, no further violations law. Kinda like being on probation. Should the defendant be charged again the DA refiles the case, and now has a more solid case than before, as the confession is admissible. Since it is for first time non violent offenders it usually has a pretty good success rate.

Now, it never occurred to me until this case how badly it could be abused by the rich and connected. At each point of the process above there is a prosecutorial decision that has to be taken, and a prosecutor can keep deciding that conditions at each step are adequate when they would not be for other defendants. Conditions can be lighter than they were for others, or the DA could simply decide not to refile the case when the time comes. When charging someone within the statute of limitations the prosecutor needs to weigh whether they can completely finish the trial of the case by the date the statute provides. So if based on the prosecutor's estimate that the case will take 366 days to bring a case to trial after all the continuances, court schedule, prep time, etc.and there is only one year left on the rule, that case will not be refiled. In lower courts the statute has to be waived as part of the deal.

I have only seen it from the other side, when I offered a pre pros plea to a 20 year old kid for Minor in Possession of Alcohol, and in month 5 of a six month agreement he caught a traffic ticket for failing to signal a lane change. I ended up getting him to plea, cause the judge was pissed and would not approve an extension in the case because of the agreement.

When people wonder how arrested cops don't get convicted and lose their jobs over arrests, like Vehicular Homicide, this is one of the ways around here.

pat

[Bart Carter]

What gets to me is getting up in front of the cameras and lying about not lying. And invoking your devotion to your mother? I will never watch any show that his is in.

$10K fine? Community service? Sure, he did that because he was innocent and didn't lie.

[Gray01]

"As If It Never Existed"

https://townhall.com/tipsheet/guybenson/2019/03/27/cook-county-clerks-office-stunned-as-smollett-case-file-vanishes-from-records-system-n2543809

[blues]

"As If It Never Existed"

https://townhall.com/tipsheet/guybenson/2019/03/27/cook-county-clerks-office-stunned-as-smollett-case-file-vanishes-from-records-system-n2543809

Huh! Imagine that...

:rolleyes:



______ privilege.

[Bart Carter]

From the article:


prosecutors failed to even force the hoax perpetrator to allocute to his crimes and apologize. This led to a stomach-turning victory dance in which he and his legal team pretended that he was innocent.

(Bolding mine)

[Gray01]

Randy Evan Barnett is a law professor at Georgetown University Law Center

Per Professor Barnett: "None of this is normal—even for Crook County where I was an Assistant State’s Attorney. Educated guess: this hoax implicated someone very important who had pull with the State’s Attorney, and who very badly did not want to be implicated."

The fact they needed an emergency hearing yesterday speaks volumes. A dismissal could have occurred at the scheduled court date. No motions. No plea deal. No motion docket, but an emergency hearing. Sealing of the record. No gag order. Poof! It is gone.