Thread by @crepeau

We’re expecting a ruling today on whether a special prosecutor should be appointed to investigate the #JussieSmollett matter. Hearing will start in the next 10 minutes or so, stay tuned

chicagotribune.com/news/criminal-…

Judge Toomin has prepared a written order (eyeballing this, it looks to be about 20 pages) and I’m told he will read it from the bench

Scratch that, he won't read the whole thing, but he'll be making some comments from the bench before the order is distributed.

Kim Foxx's contact with a relative of Smollett's in the early phases of the investigation don't rise to the level of an actual conflict of interest, Toomin says. Now on to the matter of Foxx's "recusal."

Foxx's said she recused herself, then a month later said it was a "colloquial" recusal. "Now comes the big question - what are the consequences of her recusal? And why did the explanations in the states attorney’s office come to be changed?" Toomin asks.

There is a clear statutory procedure for recusal and Foxx didn't follow it ... "She appointed (her first assitant) to an office, to an entity, that has no legal existence. There is no office of acting state's attorney."

"When we look at court decisions, they really offer no solace to the State's Attorney here," Toomin says.

Foxx withdrew but didn't have the right to dictate who would be handling the case in her stead, Toomin says. "State’s attorneys are clearly not meant to have unbridled authority to appoint special prosecutors.”

if I were a betting man I'd say this is sounding good for O'Brien

"Smollett’s case in many ways was truly unique ... a case that purported to have been brought and supervised by a prosecutor authorized to serve in the stead of the duly elected state’s attorney but in fact who was appointed to a fictitious office."

BREAKING - A special prosecutor will be appointed to investigate the #JussieSmollett matter, a Cook County judge has ruled

The special prosecutor may further prosecute Smollett, and if they have "reasonable grounds to believe that any other criminal offense was committed … special prosecutor may commence the prosecution of any crime as may be suspected," Toomin says

The entire prosecution of Smollett, all the way through, was invalid since Foxx didn’t have the right to declare her own successor, Toomin says.

Gee Judge Toomin tell us how you really feel

this has to be the most consequential Class 4 felony in county history, right? I mean damn

And now, a statement from Foxx's former Chief Ethics Officer April Perry -- Foxx has long claimed she recused herself on Perry's advice; here's Perry saying it's more complicated than that.

essentially - Perry is saying once she became aware that the recusal might not be legally sound, she took steps to try to remedy that, but Foxx declined to follow through.

specifically Perry said she advised Joseph Magats, the ASA acting in Foxx's stead, to ask for a special prosecutor.

And then Magats told her Foxx - who was supposed to be "walled off" from all of this - didn't think that request should be made.

Behold, Sunday’s story, two days early: chicagotribune.com/news/criminal-…

Statement from Foxx’s office regarding Perry - again reiterating that the judge ruled yesterday Foxx had no actual conflict of interest. (This doesn’t respond directly to Perry’s assertion that she advised a formal legal recusal but Foxx declined)