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I’m sure you all remember Jussie Smollett, the “Empire” actor who made the laughable charge that he’d been attacked by two MAGA-hat-wearing dudes at around 2 a.m. on the frigid streets of Chicago. His story was so full of holes, it made Swiss cheese jealous.

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First, cops wasted money and time investigating, then they realized it was a hoax, and then he was charged with staging a fate hate crime. However, the charges were later dropped by woke Cook County State’s Attorney Kim Foxx because she claimed that Smollett performed community service, which was punishment enough. Outrage naturally ensued, a special prosecutor was assigned to reinvestigate, they charged him, and he was convicted on five counts of disorderly conduct.

It was a disgusting case from day one, but justice was finally served, right?

Not so fast. On Thursday, the state Supreme Court overturned said justice:

The Illinois Supreme Court on Thursday overturned former “Empire” actor Jussie Smollett’s conviction for orchestrating a hate crime hoax.

Smollett was convicted of five counts of disorderly conduct and sentenced to 150 days in jail in 2021, but was released after only six days behind bars while he appealed his case. Smollett has maintained his innocence from the beginning.

Smollett claimed he was the victim of a racist and homophobic attack near his Streeterville apartment in January 2019 after he walked several blocks for a Subway sandwich shop.

After police investigated his claims, detectives later focused on Smollett himself, and he was charged with staging a fate hate crime against himself with brothers Abel and Ola Osundairo, who later testified he paid them to stage the attack.

Defense attorneys had argued his trial violated his Fifth Amendment protections against double jeopardy, after Cook County State’s Attorney Kim Foxx’s office agreed to drop the original charges against him.

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Background: 

Jussie Smollett Melts Down in Courtroom After Sentencing for Faking Hate Crime

WH Response on Smollett Verdict Takes Some Kind of Chutzpah

Girl, Please: Once-Judgmental Sen. Kamala Harris Suddenly “At a Loss” on Smollett News

The ruling does not mean that the court is saying Smollett is innocent of the crime; they’re saying that Kim Foxx’s original deal with him should have protected him from being charged a second time.

“Today we resolve a question about the State’s responsibility to honor the agreements it makes with defendants. Specifically, we address whether a dismissal of a case by nolle prosequi allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain. We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse defendant’s conviction,” Justice Elizabeth Rochford wrote in the court’s ruling.

Whatever their reasoning, it’s still a tough pill to swallow to watch Smollett walk away from his gross crime with such little jail time:

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Smollett’s race-baiting will live in infamy. Unfortunately, the justice system failed once again, which seems all too common an occurrence these days. I don’t know who committed the worse crime here, Jussie Smollett or Kim Foxx, but both helped sow the racial divide in our country and should hang their heads in shame. 

Based on their prior behavior, it’s doubtful that either one of them will.