https://hotair.com/archives/ed-morrissey/2020/06/13/judge-smollett-great-news-can-still-prosecuted-hoax/Judge To Smollett: Great News — You Can Still Be Prosecuted For HoaxThat sweetheart deal Jussie Smollett cut with city prosecutors over his alleged hoax of a hate-crime attack turned out to be a little too sweet. An Illinois judge rejected Smollett’s motion to dismiss new charges involving the same allegations on the basis of double jeopardy:
New criminal charges against actor Jussie Smollett do not violate his right against double jeopardy, a Cook County, Illinois judge ruled Friday.
Judge James Linn said the case against Smollett, the former Empire TV star accused of setting up a false claim of assault by two men who uttered racial slurs, will continue. …
It turns out that Smollett and his attorneys were too clever by half. They structured the non-prosecution agreement so that Smollett never had to admit wrongdoing and never got officially convicted of the crime. Guess what that means, Linn asked — and answered:
Linn Friday said the agreement Smollett reached with prosecutors in 2019 was not considered punishment, because the actor never admitted wrongdoing. At the time, Smollett agreed to forfeit his bond to Chicago police and do community service.
“There was no trial in this case, there was no jury empaneled, no witnesses were sworn, no evidence was heard, no guilty pleas were ever entered … nothing like that ever[] happened,†Linn said of the 2019 case. “There was no adjudication of this case.â€
In plain English, Smollett's case never went to trial, therefore there could not be double jeopardy in prosecuting him now.
