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Appellate Judge Sheila O. Brien, retired from Illinois, filed a motion on April 5 seeking the appointment of a special prosecutor to review the decision of the Cook County General Counsel. , Kim Foxx, to dismiss the charges against Smollett.
Smollett's lawyers argue in the petition that a check by a special prosecutor is allowed only if there is a pending case.
They also said that a review by a special prosecutor would be redundant to the extent that the Cook County Inspector General has already announced the opening of an investigation into how the office dealt with the case.
The investigation of the Inspector General is conducted at the invitation of Foxx.
"Ensuring that my office and I have the trust of the community is paramount to me, that's why I asked for an independent review of this case," Foxx said in a statement. delivered to CNN. "I welcome this investigation and urge me to cooperate fully with my office while IG Blanchard is reviewing it."
The Chicago police union asked Foxx to resign, saying she had not acted on charges involving significant police resources.
"I think we need to ask ourselves what it really is, and I've been wondering for two weeks," What is it really about? Foxx said in response to calls for his resignation. "I will tell you that it's personal, it's personal."
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