Top Chicago prosecutor Kim Foxx subpoenaed over Jussie Smollett case

[mrclose]

And here I thought that this had all been swept under the rug!

Chicago’s top prosecutor, Kim Foxx, has been subpoenaed to appear at a hearing over her handling of the Jussie Smollett case, according to a new report.

The Cook County state’s attorney was slapped with the subpoena by a
retired judge who’s pushing for the appointment of a special prosecutor
to look into how Foxx dealt with the controversial case, the Chicago Sun-Times reported.

Ex-appellate Judge Sheila O’Brien also subpoenaed Foxx’s top deputy
Joseph Magats, and filed a document requesting that Smollett appear at
the hearing, the report said.

Foxx came under fire
 when her office suddenly dropped 16 felony disorderly conduct charges
against the “Empire” TV actor. Smollett, who is black and gay, was
accused of staging a hate-crime attack on himself for personal gain and
lying to cops about it.

O’Brien charged that Foxx’s handling of the case was “plagued with irregularity.

“Foxx’s conflict in this matter is beyond dispute,” O’Brien wrote,
adding that Foxx should have sought appointment of a special prosecutor.
 â€œInstead, Foxx misled the public into believing that Smollett’s case
was handled like any other prosecution and without influence.”

The former judge asked that Foxx and Magats produce all the original
documents in the case to prove “that they have not been altered or
destroyed and will not be destroyed throughout this case.”

Foxx’s office is also undergoing an independent inspector-general
investigation on how she handled the case. Three members of her team,
including her chief ethics officer and chief spokesman, have left the office.

https://pagesix.com/2019/04/28/top-chicago-prosecutor-kim-foxx-subpoenaed-over-jussie-smollett-case/?utm_source=maropost&utm_medium=email&utm_campaign=news_alert&utm_content=20190428&tpcc=nypbreaking&mpweb=755-7814915-719773137

[Bigun]

Excellent news!  Thanks for the post!

[Applewood]

A subpoena from a retired judge?  I dunno.  Might not be valid.

But yes, I do hope this whole fishy matter is investigated thoroughly. 

[mrclose]

A subpoena from a retired judge?  I dunno.  Might not be valid.

But yes, I do hope this whole fishy matter is investigated thoroughly.

Who can issue a Subpoena?

https://chancellor.berkeley.edu/about/offices/legal-affairs/FAQs#t19n290

[Applewood]

@mrclose

Thanks, but it looks like this is state law in California.  Illinois might be different. 

I'd like to see what court case, if any, this judge has filed.  If she doesn't have one, Foxx's attorneys might move to have the subpoena quashed.  '

I'm wondering if this matter is just some political grandstanding and not a serious effort to get at the truth.  If it is serious, however, I wish the judge well. 

[mrclose]

@mrclose

Thanks, but it looks like this is state law in California.  Illinois might be different. 

I'd like to see what court case, if any, this judge has filed.  If she doesn't have one, Foxx's attorneys might move to have the subpoena quashed.  '

I'm wondering if this matter is just some political grandstanding and not a serious effort to get at the truth.  If it is serious, however, I wish the judge well.

@Applewood

How do I summon someone into court, so they have to testify?

To get a subpoena, go to the Circuit Clerk’s office. Fill in: the case name and number; the name and address of the person being subpoenaed; and the date, time, and location of the court hearing where they’re supposed to testify.

Unlike a summons, which must be served by a Sheriff, or an authorized process server, a subpoena can be served by almost anyone. It can also be served by certified mail, as long as there’s a signed receipt proving the witness actually got it.

https://www.illinoislegalaid.org/legal-information/how-do-i-summon-someone-court-so-they-have-testify

[Applewood]

Thanks again @mrclose

[mrclose]

Thanks again @mrclose

@Applewood

Anytime my friend!

[Cyber Liberty]

@Applewood

How do I summon someone into court, so they have to testify?

To get a subpoena, go to the Circuit Clerk’s office. Fill in: the case name and number; the name and address of the person being subpoenaed; and the date, time, and location of the court hearing where they’re supposed to testify.

https://www.illinoislegalaid.org/legal-information/how-do-i-summon-someone-court-so-they-have-testify

So there has to already be a case?

[Maj. Bill Martin]

There is a significant distinction between issuing a subpoena, and serving one.  Serving one is no big deal.   It's the issuance that is important.

In Illinois, parties to a case can have the clerk issue one, as can attorneys.  Joe Schmoe can't unless he's a party to the case.

And obviously, as @Cyber Liberty said, there must be a legal action already filed to have a subpoena issued.

[verga]

Interesting turn of events.
The other thing I find interesting is that when Smollett first got caught the cast of "Empire" did everything in their power to distance themselves. Now, not so much. Hypocrites.