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Kim Foxx’s deputy didn’t have authority to drop Smollett charges: emails
Page Six ^ | 4/17/19 | Gabrielle Fonrouge

Posted on 04/19/2019 4:41:37 AM PDT by Libloather

First Assistant State’s Attorney Joseph Magats, the man who decided to drop 16 felony charges against Jussie Smollett, never had the legal authority to act in his boss Kim Foxx’s stead, internal agency correspondence shows.

A trove of documents obtained by The Post and others through a public records request reveal that high ranking members of Foxx’s team sought advice on the legal authority behind her recusal after it was made public on Feb. 19.

Alan Spellberg, the county’s Criminal Appeals Division Supervisor, sent an email to Chief Deputy State’s Attorney and Chief Ethics Officer April Perry and senior adviser Robert Foley on Feb. 20 citing legal precedence behind recusals.

“My conclusion from all of these authorities is that the [sic] while the State’s Attorney has the complete discretion to recuse herself from any matter, she cannot simply direct someone (even the First Assistant) to act in her stead,” Spellberg wrote.

(Excerpt) Read more at pagesix.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events; US: Illinois
KEYWORDS: chicago; foxx; guilty; illinois; jussiesmollett; kimfoxx; lorilightfoot; smollett; tonipreckwinkle
So the charges were dropped illegally? Charge the idiot again.
1 posted on 04/19/2019 4:41:37 AM PDT by Libloather
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To: Libloather

Looks like big Mike and his beard are trying to remove their fingerprints!


2 posted on 04/19/2019 4:47:38 AM PDT by rawcatslyentist ("All that is necessary for evil to triumph is for good men to do nothing")
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To: Libloather

Yeh....But when Michelle Obama tells you to drop them, you just do it.


3 posted on 04/19/2019 4:49:48 AM PDT by Sacajaweau
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To: Libloather

Homonymous with “Maggots”?


4 posted on 04/19/2019 4:50:42 AM PDT by Uncle Miltie (Trump 2020 - Re-Elect the M*****F***er!)
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To: Libloather

White guy did it.


5 posted on 04/19/2019 4:50:56 AM PDT by Steely Tom ([Seth Rich] == [the Democrat's John Dean])
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To: Uncle Miltie

Magats rhymes with...


6 posted on 04/19/2019 4:52:41 AM PDT by Uncle Miltie (Trump 2020 - Re-Elect the M*****F***er!)
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To: Uncle Miltie

Maggots?


7 posted on 04/19/2019 5:05:27 AM PDT by vette6387
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To: Libloather
"...she cannot simply direct someone (even the First Assistant) to act in her stead,” Spellberg wrote.

Oh yeah, she can do dat! She a black woman! She can do dat and mo'!!

/S

8 posted on 04/19/2019 5:24:44 AM PDT by jeffc (The U.S. media are our enemy)
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To: Libloather

Right...? Double jeopardy hasn’t attached, has it? And the circumstances of dropping the charges won’t lead a jury to doubt guilt? (Maybe prompt nullification, but not doubt.)


9 posted on 04/19/2019 5:30:40 AM PDT by dangus
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To: Libloather

So if you want the job, do the damn job.

Jeff Sessions


10 posted on 04/19/2019 5:36:34 AM PDT by t4texas (If you can't run with the big dogs . . . STAY ON THE PORCH!)
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To: Libloather

Betting she got paid off big time. Put her in jail.


11 posted on 04/19/2019 5:40:29 AM PDT by I want the USA back (Lying Media: willing and eager allies of the hate-America left.)
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To: Libloather

No reasonable prosecutor would have charged.


12 posted on 04/19/2019 5:46:58 AM PDT by pas
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To: pas

He didn’t intend to break the law.


13 posted on 04/19/2019 5:55:18 AM PDT by shelterguy
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To: shelterguy

“The State’s Attorney was recused at the time of Mr. Spellberg’s opinion and thus had been not [sic] made aware of the email or it’s contents,” the agency said when asked why Foxx wasn’t informed of the email”

So because she pretended to be recused she didn’t get the opinion but because she wasn’t really recused she had the authority to appoint the guy to act in her place

Does that sum it up?

Seems like it should be illegal and she should be fired and disbarred


14 posted on 04/19/2019 6:00:06 AM PDT by RummyChick (I have no inside sources, media sources, or federal government employee sources. NONE)
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To: RummyChick
Oh, stop with the nay-saying.

Lookit, Chicago can be very proud....it found the Missing Link and made it State's Attorney.

She oughta be Exhibit A in Anthropology class.....at the very least.

15 posted on 04/19/2019 6:22:18 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Liz

Kim Foxx looks like she walked right out of the Simpsons


16 posted on 04/19/2019 7:41:57 AM PDT by butlerweave
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To: Libloather

I DECLARE “RECUSAL”!


17 posted on 04/19/2019 8:30:50 AM PDT by Ndorfin (Kitties,titties, and fiddies)
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To: Libloather

So then the charges still stand if the person who dropped them didn’t have the authority.

Great news! When does the trial start?


18 posted on 04/19/2019 8:38:42 AM PDT by Boomer (One can be an American or a Democrat but never both; not since Zero was elected anyway.)
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To: Libloather

Yep! Make it happen!


19 posted on 04/19/2019 1:52:02 PM PDT by vpintheak (Stop making stupid people famous!)
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