Judge to weigh possible bias by Jussie Smollett special prosecutor
1 / 3Jussie SmollettIn this Aug. 23, 2019 photo, former U.S. Attorney Dan Webb takes the oath of special prosecutor before Judge Michael Toomin, during an status hearing concerning actor Jussie Smollett at the Leighton Criminal Court building, in Chicago. The latest twist in the Jussie Smollett saga is the revelation of a possible conflict of interest by the special prosecutor investigating why prosecutors dropped charges accusing the actor of staging a racist, homophobic attack on himself.
Stakes in the investigation are high. While Smollett maintains he was the victim of a real attack in January, the special prosecutor could seek to reinstate charges or bring new ones if he concludes the original charges were improperly dropped. Any such finding could also politically damage Foxx, who in 2016 became Cook County’s first black female state’s attorney.
And Webb has been the go-to for years for judges, agencies and companies seeking someone with legal gravitas to oversee their investigations. He was hired by the city of Chicago to review how City Hall attorneys handle excessive-force lawsuits against police, and issued a report in 2016 that concluded they don’t regularly hide or obstruct access to evidence. Many civil rights lawyers sharply criticized Webb’s conclusions, saying ample evidence disputed his findings.
While members of the public may see Webb’s donations as tainting any findings by him, there’s no indication either Foxx or Smollett’s lawyers will press for his replacement. Smollett’s legal team opposed the appointment of any special prosecutor, arguing the case was handled properly and should have stayed closed.
Michael Helfand, a Chicago-based lawyer who runs a lawyer referral service in the region, says he understands why such a donation by Webb to Foxx might raise eyebrows. But he said it’s common for Chicago lawyers to donate to candidates for chief county prosecutor.
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