He wasn’t convicted, so it’s not double jeopardy. The dismissal and reinstatement of charges isn’t the same as being acquitted in court, and then being prosecuted again of the same charges (stemming from the same act ... obviously, if someone robs a bank a second time, they can be charged with bank robbery again even if acquitted for the first bank robbery, and this isn’t double jeopardy).
The National District Attorneys Association ‘heavily criticized’ Kim Foxx in a statement:
“First:.....when a chief prosecutor recuses him or herself, the recusal must apply to the entire office, not just the elected or appointed prosecutor. This is consistent with best practices for prosecutors’ offices around the country.”
“Second:.... prosecutors should not take advice from politically connected friends of the accused. Each case should be approached with the goal of justice for victims while protecting the rights of the defendant.”
“Third:......when a prosecutor seeks to resolve a case through diversion or some other alternative to prosecution, it should be done so with an acknowledgement of culpability on the part of the defendant. A case with the consequential effects of Mr. Smollett’s should NOT be resolved without a finding of guilt or innocence.”
“Fourth:.....expunging Mr. Smollett’s record at this immediate stage is counter to transparency. Law enforcement will now not be able to acknowledge that Mr. Smollett was indicted and charged with these horrible crimes and the full record of what occurred will be forever hidden from public view.”
(Finally, we believe strongly that hate crimes should be prosecuted vigorously but the burden of proof should not be artificially increased due to the misguided decisions of others.)
[[He wasn’t convicted, so it’s not double jeopardy. The dismissal and reinstatement of charges isn’t the same as being acquitted in court,]]
Awesome if true- but i think you meant ‘acquitted’-
Donna Brazille was on ingrah’s show tonight defending smollet- sayign she is ‘confused’ because ‘she heard someone may have attacked him in white-face’- it was disgusting-
Fox news is getting unwatchable