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Top Chicago prosecutor, Kim Foxx, subpoenaed over her handling of the Jussie Smollett case

Terry Carter

 // Apr 29, 2019

Jussie Smollett // Actor's Instagram

Amid controversy, Kim Foxx has defended her decision to drop all 16 felony charges against Jussie Smollett. Now, Chicago's top prosecutor will have to defend her actions in court.

On Friday (April 26), The Chicago Sun-Times reported Foxx and her top deputy, Joseph Magats, have been subpoenaed to appear at a court hearing on Thursday (May 2). Retired appellate judge, Sheila O'Brien, reportedly requested their presence along with all of the original documents from the case in order to "assure" the public "that they have not been altered or destroyed."

According to the court documents, O'Brien also filed a "notice to appear" for Smollett to appear at the hearing as well. The 36-year-old "Empire" star has long maintained his innocence after law enforcement officials claimed he staged his own hate crime in Chicago earlier this year.

Foxx, who recused herself prior to Smollett being charged because she had discussions of the case with a family member of the actor, told reporters she felt her handling of the case was appropriate.

"I believe that the outcome — him having to forfeit the $10,000, having to do community service, based on the allegations, and again the (low level) felony and no (criminal) background, are an outcome that we could expect with this type of case," she stated.

"There was no attempt, whatsoever, to influence the outcome of this case," she added. "None whatsoever."

However, O'Brien believes Foxx's handling of the case was "plagued with irregularity." The judge wrote that Foxx's "conflict in this matter is beyond dispute." O'Brien also noted that she believed Foxx should have appointed a special prosecutor. "Instead, Foxx misled the public into believing that Smollett's case was handled like any other prosecution and without influence," she continued.

On Saturday (April 27), President Trump weighed in about the outcome of Smollett's case at a rally in Green Bay, Wisconsin. He called the ordeal "a disgrace to our nation" and dubbed Smollett a "third rate actor."

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