Jussie Smollett could face new charges after judge appoints a special prosecutor

USA Today

Chicago Cook County Judge Michael Toomin has appoinnted a special prosecutor to investigate the abrupt decision to drop a 16-count indictment against the Empire star, accusing him of faking a hate crime on himself. The special prosecutor has been empowered to pursue a case against Smollett "of any crime as may be suspected," Toomin said. The judge suggested that State's Attorney Kim Foxx mishandled the case by appointing a top aide to handle it after she had purportedly recused herself. The judge said Foxx didn't have the legal authority to turn the case over to another prosecutor in her office -- who ended up dropping the charges -- after recusing herself. "Here, the ship of the State ventured from its protected harbor without the guiding hand of the captain," Toomin wrote. "There was no master on the bridge to guide the ship as it foundered through unchartered waters. And it ultimately lost its bearings."