State's Attorney Kim Foxx open to investigation into Jussie Smollett case; FOP calls for resignation

Cook County State's Attorney Kim Foxx says she's open to an outside investigation into her office's decision to drop all charges against Jussie Smollett.

In a Friday night op-ed for the Chicago Tribune, Foxx says a review about prosecutors' decision to dismiss all 16 felony counts against the "Empire" actor would help maintain the "community's trust." The dismissal drew an immediate rebuke from Chicago Mayor Rahm Emanuel and Police Superintendent Eddie Johnson.

Smollett was accused of faking a racist, anti-gay attack on himself in January.

While Foxx says Tuesday's decision does not exonerate Smollett, she indicated that some of the evidence "made securing a conviction against Smollett uncertain."

Police maintain that Smollett staged the attack to promote his career, and Chicago officials have ordered him to pay more than $130,000 to cover the cost of the investigation.

The Fraternal Order of Police (FOP) responded to the op-ed with the following statement: 

The FOP believes the article barely merits a response; it makes so little sense. The article is, to us, a desperate attempt to justify a complete breakdown of her office to fulfill its obligations. 

The CPD concluded, after an exhaustive investigation, that Mr. Smollett faked a hate crime. A grand jury returned a 16-count indictment. It is Ms. Foxx’s duty to prosecute this crime. She refused to do so. Her refusal to do so has generated national condemnation by the public, elected officials, and even members of her own profession. Questions must be answered about Ms. Foxx’s conduct in this case. We have asked for a federal investigation and are being told that one is underway. For this, we are very grateful.

As we have said time and again, this is not the first time we have alleged misconduct against Ms. Foxx. Indeed, we have condemned in particular her decision to drop murder convictions in cases that her predecessor, Anita Alvarez, upheld. We have also asked that federal authorities review her decision to vacate two felony convictions against Spanish Cobra Ricardo Rodriguez, whose fellow gang members have recently been convicted of murdering a Chicago Police Officer. 

Unfortunately, the local media has also refused to address our complaints about Ms. Foxx. 

We believe that Ms. Foxx should immediately resign her position.