The fallout continues for Jussie Smollett and his ally Kim Foxx. The Empire star and Chicago's top prosecutor were both ordered to appear before a retired judge who is pushing for a special prosecutor to investigate Foxx.
Foxx and Smollett, 36, were subpoenaed by retired appellate judge Sheila O'Brien who came out of retirement to push for a special prosecutor to probe Foxx's handling of the case.
Judge O'Brien, who has been a harsh critic of the prosecutor's office, also subpoenaed Foxx's top deputy, Joseph Magats, who exchanged hundreds of text messages with Foxx after she supposedly recused herself from the case.
According to the Chicago Sun Times, O'Brien requested Foxx, Magats and Smollett produce the original documents in the criminal case to "assure" the public "that they have not been altered or destroyed and will not be destroyed throughout this case."
Smollett, who is biracial and same-sex attracted, told police he was beaten by two Trump supporters who yelled racist and homophobic slurs at him outside his Chicago condo in January.
The troubled actor was arrested in February and charged with felony disorderly conduct for lying to police.
A grand jury indicted Smollett on 16 counts of felony disorderly conduct. But on March 26, Foxx persuaded a judge to drop all charges against Smollett and seal all documents in his case.
O'Brien wrote that "Foxx's conflict in this matter is beyond dispute," adding that Foxx should have sought appointment of a special prosecutor. "Instead, Foxx misled the public into believing that Smollett's case was handled ... without influence."
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