By Rachel Hinton Jun 23, 2019, 10:33am CDT
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Cook County State’s Attorney Kim Foxx, left; Actor Jussie Smollett, right. File Photos. Ashlee Rezin/Chicago Sun-Times; Paul Beaty/AP
The seemingly never-ending Jussie Smollett flap has provided plenty of issues for Cook County State’s Attorney Kim Foxx but no real roadblocks in her path to re-election.
That could change.
The decision to appoint a special prosecutor to look into how Foxx’s office handled the case could make her looming campaign a bumpy ride.
Analysis
So far, no political challengers are on the horizon, but Cook County Judge Michael Toomin’s decision Friday to appoint a special prosecutor — and his scathing opinion of Foxx’s handling of the “Empire” actor’s case — has Democrats and Republicans alike questioning whether that will soon change.
“The perception that you’re weakened in politics is like running with jackals — the moment you’re lame, people turn on you and eat you,” said state Rep. Robert Martwick, who’s also the Democratic 38th Ward committeeman.
“I don’t know to what extent she’s weakened, but she’s not giving up. To what extent she can rehabilitate, I don’t know.”
No one showed up to make a play for Foxx’s office at a Friday “pre-slating” meeting of Democratic ward and township committeemen — the start of the process of deciding which candidates the Cook County Democratic Party will endorse in the 2020 elections.
Foxx wasn’t there either. She was traveling on other business.
None of that means the first-term prosecutor won’t see challengers — or that the party won’t endorse her.
But even her supporters are concerned about fallout from the case and Friday’s news.
47th Ward Democratic Committeeman Paul Rosenfeld said the case makes the party’s job of promoting Foxx’s “spectacular” record on criminal justice reform a little more difficult.
“Generally, the issue with [Foxx] is talking about everything she’s done and having people hear it without having them hear about this one sensationalized case,” Rosenfeld said. “I think it makes our job more difficult, but for those of us, like me, who believe in criminal justice reform, I think she’s done a good job.”
Board of Review Commissioner Larry Rogers Jr. acted as Foxx’s surrogate at Friday’s meeting. In a statement read by Rogers, Foxx noted that under her leadership the county had turned itself around in terms of wrongful convictions — 83 convictions have been vacated.
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The office also focused more of its resources on gun offenses with increased conviction rates, according to Rogers.
“State’s Attorney Foxx is running again because she’s deeply committed to ensuring that every community is healthy, thriving and safe,” Rogers read. “She wants to continue to push the belief that ensuring public safety and criminal justice reform aren’t competing ideals — in fact, they are complementary.”
The challenge for Foxx’s supporters is to shift the discussion to those accomplishments and away from the Smollett headlines that have dominated the coverage of her office this year.
Foxx recused herself from the case about a month after Smollett initially alleged he was the victim of a racist and homophobic attack in late January. At the time, a spokesman for Foxx cited conversations she’d had with one of Smollett’s family members about the incident as the reason for her recusal.
Accused of making a false report to police, Smollett was indicted in March on 16 counts of disorderly conduct, but later that month the state’s attorney’s office abruptly dropped the charges, sparking outrage and confusion.
In his 21-page decision released Friday, Toomin lambasted Foxx’s decision to recuse herself, comparing her to a captain abandoning the ship.
“There was no master on the bridge to guide the ship as it floundered through uncharted waters,” Toomin wrote. “And it ultimately lost its bearings.”
Toomin ruled that Foxx should have requested a special prosecutor herself. The judge said Foxx had no authority to instead put top aide Joe Magats in charge of the case, creating a “fictitious office having no legal existence.” He said the legal authority to put Magats in charge existed “only in the eye or imagination of its creator, Kim Foxx.”
The “unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public’s confidence in the criminal justice system,” Toomin wrote.
Foxx released a statement saying she disagreed with Toomin’s ruling.
The surprise decision appeared to catch Democrats off guard.
Cook County Democratic Chairwoman Toni Preckwinkle on Friday said she had just learned of the decision and had not yet spoken to Foxx — Preckwinkle’s former chief of staff and protégée. Preckwinkle, who is also Cook County Board president, said she didn’t think it was appropriate to comment at the time.
Rogers also declined to comment.
But while Democrats are still processing the news, some Republican sharks may already be circling.
State Republican Chairman Tim Schneider, a former Cook County commissioner, said Friday afternoon the party “certainly will run someone against her.”
“What she did — recusing herself, appointing a deputy — that leaves her vulnerable,” he said.
The specifics of who would run against her will be left up to the Cook County GOP, chaired by Cook County Commissioner Sean Morrison.
Aaron Del Mar, the deputy chairman of the county GOP, called Foxx’s handling of the case “egregious,” and said three or four people have contacted the party about running.
The party is vetting candidates and has heard suburban police forces and their fraternal orders of police are interested in having a “strong candidate,” Del Mar said. He wouldn’t be surprised if the Democrats are doing the same.
“Clearly, she’s incapable of doing the job with integrity, so we have no choice but to run somebody,” Del Mar said. “We’re looking to non-partisan candidates, a Republican would be best, but we want someone who will use true ethics and morals in these cases.”
The seemingly never-ending Jussie Smollett flap has provided plenty of issues for Cook County State’s Attorney Kim Foxx but no real roadblocks in her path to re-election.
That could change.
The decision to appoint a special prosecutor to look into how Foxx’s office handled the case could make her looming campaign a bumpy ride.
Analysis
So far, no political challengers are on the horizon, but Cook County Judge Michael Toomin’s decision Friday to appoint a special prosecutor — and his scathing opinion of Foxx’s handling of the “Empire” actor’s case — has Democrats and Republicans alike questioning whether that will soon change.
“The perception that you’re weakened in politics is like running with jackals — the moment you’re lame, people turn on you and eat you,” said state Rep. Robert Martwick, who’s also the Democratic 38th Ward committeeman.
“I don’t know to what extent she’s weakened, but she’s not giving up. To what extent she can rehabilitate, I don’t know.”
No one showed up to make a play for Foxx’s office at a Friday “pre-slating” meeting of Democratic ward and township committeemen — the start of the process of deciding which candidates the Cook County Democratic Party will endorse in the 2020 elections.
Foxx wasn’t there either. She was traveling on other business.
None of that means the first-term prosecutor won’t see challengers — or that the party won’t endorse her.
But even her supporters are concerned about fallout from the case and Friday’s news.
47th Ward Democratic Committeeman Paul Rosenfeld said the case makes the party’s job of promoting Foxx’s “spectacular” record on criminal justice reform a little more difficult.
“Generally, the issue with [Foxx] is talking about everything she’s done and having people hear it without having them hear about this one sensationalized case,” Rosenfeld said. “I think it makes our job more difficult, but for those of us, like me, who believe in criminal justice reform, I think she’s done a good job.”
Board of Review Commissioner Larry Rogers Jr. acted as Foxx’s surrogate at Friday’s meeting. In a statement read by Rogers, Foxx noted that under her leadership the county had turned itself around in terms of wrongful convictions — 83 convictions have been vacated.
RELATED
Special prosecutor to probe handling of Jussie Smollett criminal case
EDITORIAL: A case so bizarre that only a special prosecutor can sort it out
The office also focused more of its resources on gun offenses with increased conviction rates, according to Rogers.
“State’s Attorney Foxx is running again because she’s deeply committed to ensuring that every community is healthy, thriving and safe,” Rogers read. “She wants to continue to push the belief that ensuring public safety and criminal justice reform aren’t competing ideals — in fact, they are complementary.”
The challenge for Foxx’s supporters is to shift the discussion to those accomplishments and away from the Smollett headlines that have dominated the coverage of her office this year.
Foxx recused herself from the case about a month after Smollett initially alleged he was the victim of a racist and homophobic attack in late January. At the time, a spokesman for Foxx cited conversations she’d had with one of Smollett’s family members about the incident as the reason for her recusal.
Accused of making a false report to police, Smollett was indicted in March on 16 counts of disorderly conduct, but later that month the state’s attorney’s office abruptly dropped the charges, sparking outrage and confusion.
In his 21-page decision released Friday, Toomin lambasted Foxx’s decision to recuse herself, comparing her to a captain abandoning the ship.
“There was no master on the bridge to guide the ship as it floundered through uncharted waters,” Toomin wrote. “And it ultimately lost its bearings.”
Toomin ruled that Foxx should have requested a special prosecutor herself. The judge said Foxx had no authority to instead put top aide Joe Magats in charge of the case, creating a “fictitious office having no legal existence.” He said the legal authority to put Magats in charge existed “only in the eye or imagination of its creator, Kim Foxx.”
The “unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public’s confidence in the criminal justice system,” Toomin wrote.
Foxx released a statement saying she disagreed with Toomin’s ruling.
The surprise decision appeared to catch Democrats off guard.
Cook County Democratic Chairwoman Toni Preckwinkle on Friday said she had just learned of the decision and had not yet spoken to Foxx — Preckwinkle’s former chief of staff and protégée. Preckwinkle, who is also Cook County Board president, said she didn’t think it was appropriate to comment at the time.
Rogers also declined to comment.
But while Democrats are still processing the news, some Republican sharks may already be circling.
State Republican Chairman Tim Schneider, a former Cook County commissioner, said Friday afternoon the party “certainly will run someone against her.”
“What she did — recusing herself, appointing a deputy — that leaves her vulnerable,” he said.
The specifics of who would run against her will be left up to the Cook County GOP, chaired by Cook County Commissioner Sean Morrison.
Aaron Del Mar, the deputy chairman of the county GOP, called Foxx’s handling of the case “egregious,” and said three or four people have contacted the party about running.
The party is vetting candidates and has heard suburban police forces and their fraternal orders of police are interested in having a “strong candidate,” Del Mar said. He wouldn’t be surprised if the Democrats are doing the same.
“Clearly, she’s incapable of doing the job with integrity, so we have no choice but to run somebody,” Del Mar said. “We’re looking to non-partisan candidates, a Republican would be best, but we want someone who will use true ethics and morals in these cases.”
ALL smoke and mirrors.....
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