Justice For Jussie

A special prosecutor in Cook County is indicting Jussie Smollett on six charges, including filing false police reports.  We all remember the Smollett story from last year--the claim of a hate crime that soon appeared to be a hoax--and I suppose a lot of people are glad he won't so easily escape justice.

But isn't this a case of double jeopardy?  Last year, all charges were dropped in the Smollett case.  It seemed bizarre, and created some outrage, but no matter how it happened, Smollett got off.  Perhaps he had connections, perhaps the prosecutor had odd motives, but it was an official act.

Now the claim is the procedure was irregular.  Apparently state's attorney Kim Foxx recused herself and handed the case to her second-in-command, Joseph Magats (really, Magats?).  The claim is Foxx didn't have the authority to delegate her duties to someone else.

Okay, let's say that's true.  Then isn't the solution to investigate Foxx, and decide what's to be done with her?  Is it fair to let a defendant off and then a year later say we screwed up, let's try again.

In fact, it seems likely there would have been no further investigation if Smollett hadn't been a national story.  If it were just any other case, no one would have questioned the dismissal, or at least there would have been no special prosecutor appointed.  But what different should the notoriety of a case make?

Let's say it's true--Smollett committed a crime and, through connections, got away with it.  It may not be fair, but that's no reason to create a precedent where Cook County gets two bites at the apple.