Chicago City Wire

The Republican candidate for Cook County State's Attorney is calling for Democratic incumbent Kim Foxx to resign after a special prosecutor’s report found she allegedly lied and abused discretion in the handling of the Jussie Smollett case.

“This report makes it crystal clear that State’s Attorney Kim Foxx engaged in a substantial abuse of discretion by breaching the state’s attorney’s ethical obligations of honesty and transparency,” said former judge Pat O'Brien, who is seeking to unseat Foxx in the November election. “In light of this report and so many other ethical lapses, Kim Foxx should resign from office.”

O’Brien’s remarks came after special prosecutor Dan Webb released a summary of a report that delved into the conduct of Foxx and her handling of the Smollett case. The Hollywood actor alleged he’d been attacked in Chicago by supporters of President Donald Trump.

Cook County State’s Attorney Kim Foxx | File photo

Specifically, the Webb report said that Foxx or her office made false statements publicly that $10,000 in restitution was the most Smollett could be forced to pay when, legally, there is no limit.

“The problem is that when you forget that you should have integrity or you actually violate that integrity, there really is no kind of guarantee that somehow everything else you do will be for the right reasons,” O’Brien said.

Webb also alleges in his summary that Foxx made false public statements that Smollett had no criminal background when at his bond hearing a prior misdemeanor conviction of DUI, driving without a license and falsely informing police was disclosed.

“The fact that Kim Foxx lied about him having no criminal background made it appear as if Jussie Smollett was an appropriate candidate to have the case dismissed,” O’Brien said.

Webb also alleges that after Foxx recused herself rather than the entire state’s attorney's office from the case, Foxx made false statements about her lack of knowledge of her recusal’s legal defect. Had she recused herself and the entire state's attorney's office, a special prosecutor would have been appointed sooner, O'Brien said.

“She didn't care,” O'Brien said. “She was ignorant of the law and, when she was informed of it, she then ignored it because she wanted to do what she wanted to do.”

Webb also says that Foxx substantially abused her discretion and did not honor the honesty and transparency asked of her office when she misrepresented the fact that she had continued communicating with Smollet’s sister Jurnee Smollett, also a Hollywood celebrity.

“This shows that Kim Foxx is willing to give someone special favors as a prosecutor with the hope that the political people who are asking for those favors will somehow pay her back in the future and the idea that it's an abuse of discretion is a nice way to say that what she does and why is when it suits her private purposes,” O’Brien said.

Although criminal conduct was unfounded, Webb stated in the summary that he discovered evidence that could implicate Foxx ethically. However, whether Foxx will be held accountable for any legal ethical violations will depend upon Cook County Circuit Court Judge Michael Toomin releasing the special prosecutor’s report.

“If Judge Toomin decides to release the report, it allows Dan Webb to present his report to the disciplinary commission,” O’Brien said. “At this point, the disciplinary commission said they're not going to make a determination, whether there should be action taken against Foxx's license or not, until they read the report.”