Kim Foxx allowed to keep using private lawyers in Jussie Smollett probe, judge rules

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CHICAGO — Judge Michael Toomin denied a motion Friday to block Cook County State’s Attorney Kim Foxx from using public funds to hire outside counsel in the Jussie Smollett investigation.

The judge also ruled former Illinois Appellate Judge Sheila O’Brien no longer has legal standing to file new motions in the case.

O’Brien said she’s not upset over the ruling and expected it.

Special Prosecutor Dan Webb was in court, and said there’s nothing unlawful or unusual about state officials using outside counsel when an agency is overwhelmed in a case.

Webb has requested close to 100,000 documents from the Cook County State’s Attorney’s office.

Foxx’s lawyers said she’s been forced to take assistant state’s attorneys off every day criminal cases to deal with Webb’s requests.

Her office said it has clear authority to retain outside counsel and routinely does so in matters that require additional capacity or expertise.

Foxx abruptly dropped all charges over Smollett’s alleged false police report of a racist and homophobic attack. Police presented evidence that the attack was staged.

Smollett was indicted this week by Webb for disorderly conduct.

Smollett will be arraigned in 10 days. He has denied any wrongdoing.

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