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The FBI and Justice Department investigation into Jussie Smollett's case is likely to determine whether the controversial decision to let him go free was "an act of corruption and, where appropriate, civil rights." of anyone would they be violated, "Fox News senior legal analyst Andrew Napolitano said.
The judge's appearance in "Fox & Friends" Thursday came after President Trump called the case "scandalous" and "embarrassing for our nation". The Cook County State Lawyer, Kim Foxx, whose office approved the rejection of the "Empire" simulated hate crime actor charges, has been sharply criticized in recent days, including by the Mayor of Chicago and the Chief of Police.
"Was it an act of bribery on the part of the prosecutor who first said" I am not in the case, "then said," I am from back, but do not tell anyone that I'm back "? Said Napolitano. "This is absurd, either you are, or you are absent, and if you have a conflict, you must go out.
Foxx retired from the case in February but defended his office offering Smollett "an alternative prosecution model" in a series of talks on Wednesday.
SMOLLETT LAWYER OFFERS BROTHERS TO WEAR WHITE MAKE-UP WHILE ATTACKING, BRUSH ON FBI PROBE
In one of his broadcasts with WBBM-TV, Foxx said no one had tried to intervene on behalf of Smollett, despite emails showing that she had been contacted by people related to Smollett about the case.
"There has been no attempt, either, to influence the outcome of this case," she said on TV. "Not at all."
The case was then assigned to Joseph Magats, first assistant of the prosecutor, who reports to Foxx. This passing of the torch has been challenged by legal experts.
"I do not know what his involvement is, but if someone came to you, if I was about to convict someone I knew and whom I loved and whom I really respect, he said to me, "Hey, you should give this person a break," what's the right thing to do for me? said Napolitano. "Give up the case. Do not say publicly why, do nothing, withdraw from the case. Because cases must not only be right, they must appear as such. "
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Facilitator Brian Kilmeade wondered if political figures had won something after the charges against Smollett were dropped. Napolitano said he was not sure yet.
"There are pieces of the puzzle that we do not understand yet," he said. "All this is below the radar screen. Someone wants something and has done some service to someone else, and I can not fill in the blanks yet, but I think it will come out. "
Judson Berger, Travis Fedschun, Matt Finn and Frank Miles of Fox News contributed to this report.
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