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Jussie Smollett heading back to court. But which court?
Hot Air.com ^ | April 5, 2019 | JAZZ SHAW

Posted on 04/05/2019 2:15:23 PM PDT by Kaslin

As Ed discussed yesterday, the city of Chicago was on pins and needles yesterday, waiting to see how (or if) the Jussie Smollett saga would end. Thursday was the deadline the Chicago PD had set for the Empire actor to repay the more than $130K they wasted investigating the supposed hate crime Smollett reported. Well, the day came and went with no sign of Jussie or his attorneys showing up with a checkbook. So now what?

As already threatened, the next step is the lawsuit. Possibly two of them. The city is moving to sue Smollett to recover the money, so this will have to be handled as a civil suit rather than a second criminal case. And Jussie’s attorneys haven’t ruled out suing Chicago in return, either. (CBS News)

Jussie Smollett will soon be facing a civil lawsuit from the City of Chicago, which is demanding the actor pay for the cost of investigating his allegedly made-up story about a racist attack, CBS Chicago reports.

The lawsuit is being drafted by the city’s Law Department and will be filed in the Circuit Court of Cook County, spokesman Bill McCaffrey said.

Thursday was the city’s deadline day for the “Empire” actor to reimburse the city more than $130,000 for the cost of the investigation into the alleged racist and homophobic attack that police determined was a hoax.

According to the city’s Law Office, they likely won’t just be seeking to recover the money spent on the investigation. The total bill handed to Smollett could be as high as three times that amount, including damages and court costs. If the case goes against him, the actor may have avoided doing a single day in jail, but it could wind up costing him almost $400,000.

This brings us back to yet another situation that raises questions about these civil suits, and it’s one I’ve been asking since the O.J. Simpson trial. How do you sue someone over the fallout from a crime they allegedly committed without their having been convicted of that crime? Granted, all of us armchair lawyers watching the comings and goings of the Smollett story can sit here and say of course he hoaxed that hate crime. Then again, plenty of us were convinced that The Juice murdered Nicole Brown Simpson and her friend. But he was never found guilty. And thanks to the generosity of the Chicago State’s Attorney’s office, neither was Smollett.

The typical answer from attorneys is that there’s a “lower standard” for evidence in such cases. In a criminal trial, you have to prove the case beyond a reasonable doubt. But in a civil trial, you need to demonstrate a “preponderance of the evidence.” That’s never seemed terribly fair to me, but I suppose you can’t buck the system.

While all of this is unfolding, the real culprit may turn out to be Kim Foxx, the Chicago State’s Attorney. She’s the one who made all of this disappear on Smollett’s behalf and left the police stuck with the bill. As of last night, multiple associations representing police chiefs around Chicago have voted that they have “no confidence” in Foxx. There have already been multiple calls for her resignation from both police and elected officials, but they seem to be falling on deaf ears. If Chicago’s leaders want Foxx out of office, they may have to remove her themselves.


TOPICS: Culture/Society; Editorial; US: Illinois
KEYWORDS: chicago; empire; fakehatecrimes; jussiesmollett; lawsuit; smollett
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1 posted on 04/05/2019 2:15:23 PM PDT by Kaslin
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To: Kaslin

A-Hole of the year award candidate.


2 posted on 04/05/2019 2:19:16 PM PDT by Bullish (My tagline ran off with another man.)
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To: Kaslin

Public scorn alone should hurt


3 posted on 04/05/2019 2:26:50 PM PDT by Joe Boucher ( Molon Labe' baby, Molon Labe)
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To: Kaslin

The cops could charge her with “Interference with Official Acts” like they charge every druggie and bum they roust, but they wont for a clear lawbreaker. Also she can be arrested and held for 24 hours as a danger to the community if they really wanted to send a message. But the Chicago Cops’ Masters in the Dem party will never, ever allow it.


4 posted on 04/05/2019 2:29:52 PM PDT by TonytheTiger7777
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To: TonytheTiger7777

It must suck to be a stupid cop who keeps voting over and over and over for the people who trash them and leave them open to ridicule from bloggers and defenseless on the streets. cops are the dumbest people on earth, thanks for the 15 million illegals, nice one ‘law enforcement’.


5 posted on 04/05/2019 2:32:32 PM PDT by TonytheTiger7777
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To: Kaslin

I have yet to hear why the charges were dropped, but...

Actually, I don’t see how they could force him to reimburse the city for the cost of the investigation unless he is prosecuted and convicted of a crime.

Imagine how bad this could be if every big city decided to make conservatives pay for every “investigation” into hate crimes, like displaying the American flag or something.


6 posted on 04/05/2019 2:40:33 PM PDT by libertylover (Democrats hated Lincoln too.)
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To: Kaslin

He’ll probably turn around and sue Chicago and collect $20 million


7 posted on 04/05/2019 2:45:37 PM PDT by Cementjungle
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To: Kaslin

I can’t wait to see what the FED’s do. I think that Trump is really ticked about this.


8 posted on 04/05/2019 2:55:48 PM PDT by Revel
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To: Kaslin
Jussie Smollett heading back to court. But which court?

Tennis???

9 posted on 04/05/2019 2:58:54 PM PDT by Don Corleone (Nothing makes the delusional more furious than truth.)
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To: Kaslin

At the very least, shouldn’t there be Federal charges for sending hoax white powder to himself via USPS?


10 posted on 04/05/2019 2:59:14 PM PDT by SERKIT ("Blazing Saddles" explains it all.......)
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To: libertylover

Look for his next court appearance to be when he sues the city for millions and a black jury awards it to him


11 posted on 04/05/2019 3:04:38 PM PDT by digger48
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To: Kaslin

The Idiot needs to go to jail, asap.


12 posted on 04/05/2019 3:09:28 PM PDT by cranked
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To: Kaslin

So a civil suit is based on the “preponderance of the evidence.” But will a civil suit be able to unseal the sealed records? If not, then I do not see how the City of Chicago stands a chance.

On the other hand, if they can employ the sealed records, then it should be a slam dunk case to demonstrate that a hoax was perpetrated on the city and the rest of us.


13 posted on 04/05/2019 3:12:55 PM PDT by the_Watchman
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To: Kaslin
She’s the one who made all of this disappear on Smollett’s behalf and left the police stuck with the bill.

No, it's the taxpayers that are footing the bill for this fiasco.

14 posted on 04/05/2019 3:13:12 PM PDT by Major Matt Mason
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To: Kaslin
How do you sue someone over the fallout from a crime they allegedly committed without their having been convicted of that crime?

I think everyone knows the answer to this but ... criminal conviction is unanimous jury and the standard is beyond a reasonable doubt for each juror to vote guilty. Civil suit is majority of jury and the standard to vote for the plaintiff is only preponderance of evidence.

I was a little surprised to see that question asked. Maybe I missed something. Happy Friday!

15 posted on 04/05/2019 3:23:15 PM PDT by tinyowl (A is A)
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To: Kaslin
Real Russian Collusion! How Communism Created Hollywood Hate Hoaxer Jussie Smollett

jussie rehearsing for next act.

16 posted on 04/05/2019 3:29:12 PM PDT by chief lee runamok (expect nothing)
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To: Kaslin

Lock him up.


17 posted on 04/05/2019 4:27:34 PM PDT by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)
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To: Kaslin

only in the old soviet union or a phillip K dick or frantz kafka story would the state police invoice a person not charged with any crime to collect payment for his own investigation ...


18 posted on 04/05/2019 4:36:12 PM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: Kaslin

There would be a certain irony if we woke up tomorrow and the news was that JS found dead, hung by a noose... with a MAGA hat on his head just for good measure.


19 posted on 04/05/2019 4:39:07 PM PDT by Jumper (The DNC's Big Tent ... a place where he opposition to America comes together)
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To: TonytheTiger7777

What makes you think the cops all vote Democrat??


20 posted on 04/05/2019 4:58:56 PM PDT by mumblypeg (I've seen the future, brother. It is murder. --L. Cohen)
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