Posted on July 19, 2019

Jussie Smollett Fights Special Prosecutor Appointment in Criminal Case over Alleged Attack

Dominic Patten, Deadline, July 19, 2019

A month after an Illinois judge ordered that a special prosecutor be appointed to investigate the handling of Jussie Smollett’s abandoned criminal case, the former Empire actor today says he wants that move rendered null and void.

“Jussie Smollett, by his attorneys, Geragos & Geragos, respectfully requests that this Court grant his Motion, vacate the June 21, 2019 Order, and deny the Petition to Appoint a Special Prosecutor,” declares a filing made this morning in Chicago by Smollett and his high-profile legal team.

Calling the multiple charges case against the actor that stemmed from his January 29 claims of a racial and homophobic attack on the streets of the Windy City “a travesty of justice and an unprecedented deprivation of Mr. Smollett’s constitutional rights,” Friday’s filing basically accuses Judge Michael Toomin of conducting trial by media in what has been a heavily spotlighted situation from the get go. To that end, Mark Geragos and Tina Glandian, who are facing their own federal defamation suit from implicated siblings Ola and Abel Osundairo, preemptively want this matter severely blunted if they can’t get it shut down.

“In the event the Court is not inclined to grant the Motion, Mr. Smollett, by his attorneys, Geragos & Geragos, respectfully requests that the Court modify the June 21, 2019 Order to clarify that the special prosecutor may investigate and prosecute potential misconduct only, and may not further prosecute Mr. Smollett for the charges that were previously brought and dismissed against him,” the 30-page motion and exhibit thick filing adds.


Of course, this looming issue of a potential special prosecutor isn’t the only legal matter on Smollett’s plate.

There is the case against his lawyers by the Osundairos, whom Chicago police have said were paid by the actor to plan and coordinate the alleged fake assault on that cold Chicago early morning in January. There is also a case from the city itself. In the closing days of Mayor Rahm Emanuel’s regime, Chicago sued Smollett in civil court to recover more than $130,000 it allegedly spent in police overtime hours investigating the case.