Judge: Jussie Smolett Special Prosecutor Will Still Be Appointed.

Cook County Judge Michael Toomin announced Wednesday that he will still be appointing a special prosecutor against the actor — and that he will not let another judge replace him.

What We Know:

  • Smollett may not be clear of criminal charges alleging that he staged a January attack in Chicago that he described as racist and homophobic. He was charged with 16 felony counts of disorderly conduct for allegedly faking the assault (these charges were dropped in March) and the city of Chicago later sued the actor for the costs of the investigation.
  • However, the special prosecutor could still charge him despite the charges being dropped.
  • Smollett’s attorneys have argued that Toomin should remove himself because he presumed Smollett guilty, but Toomin recently stated that the only opinion that matters at this point is the special prosecutor’s. Who this will be has still not been decided.

This case is far from closed.