The Jussie Smollett case in Chicago has become more about prosecutor Kim Foxx opposed to the Empire actor. Foxx has been handed a subpoena over how she handled the case that is widely believed to be a hoax.


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The Chicago Sun-Times revealed Sheila O’Brien, a retired appellate judge, is looking to have a special prosecutor to be selected to handle the investigation into Foxx. In addition to Foxx, Joseph Magats, a top deputy to the prosecutor, was also subpoenaed. Magats has filed a “notice to appear” for Smollett to come to court as well.

A police investigation in the Windy City delivered 16 felony charges to the Empire actor, which were dismissed by Foxx’s office. The decision of the case has now been detailed to be “plagued with irregularity.” The request is now for Foxx to deliver the original documents that are associated with the case.

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“Foxx’s conflict in this matter is beyond dispute,” O’Brien says in a statement. “Instead, Foxx misled the public into believing that Smollett’s case was handled like any other prosecution and without influence.”

This is now the second investigation on Foxx and her office.