State attorney Kim Foxx told the public and the courts she was recusing herself from the Jussie Smollett hate crime hoax case because she had had contact with Smollett’s family members on his behalf. When the case was dropped, she claimed she only used the word “recuse” in its “colloquial sense” rather than its “legal sense”. 

Foxx’s office dropped all 16 felony charges against Smollett in return for 16 hours of community service and the forfeiture of Smollett’s $10,000 bond citing the case did not merit the attention of the State Attorney’s office because it was not a violent crime. Ironically, the case was reported as and aggressively investigated by the police as a VIOLENT hate crime. It was only determined to be a non-violent crime because it was found to be a hoax. 

Foxx’s office failed to consult with the police department, which spent over $130,000 in man hours investigating the case and who are seeking restitution of those costs from Smollett, or the Mayor of Chicago or any public officials before negotiating the case under peculiarly abnormal terms.

Foxx’s office then sealed the case despite numerous Freedom of Information Act requests from the Chicago Tribune. Foxx’s office then petitioned a judge to expand the associated gag order to prevent the Chicago police department from legally releasing the detailed investigative report. These acts are acts usually carried out by the defense, not the prosecution of a case. 

By sealing the record, Foxx’s Office allowed Smollett to walk away from a divisive hate crime that marginalizes true victims of real hate crimes, without having to admit he fabricated and orchestrated the entire incident. In fact, to the contrary, Smollett publicly professed his innocence despite a statement from the prosecuting attorney in Foxx’s office stating he is convinced Smollett is guilty.

Foxx has been reprimanded by the Illinois Prosecutors Bar Association for the miscarriage of justice she perpetuated:

http://www.ilpba.org/announcements/7249825

Whereas Foxx is an elected official in the state of Illinois, and is charged with representing the will of the people and has sworn a sacred oath to uphold the United States Constitution, the Illinois State Constitution, and the laws of the state of Illinois, and whereas Foxx has demonstrated her lack of objectivity and further lack of competence to uphold those duties with which she has been charged, we petition the Illinois Legislature to hold a recall vote of Kimberly Foxx.