Editorial: No, we’re not letting up: Release the full Jussie Smollett report

In Chicago, two Cook County judges connected to the Jussie Smollett case face weighty decisions. The circumstances are poles apart, but the goal should be the same — justice that’s fair and transparent and rebuilds public trust.

The TV actor was charged in early 2019 with faking a hate crime against himself, with the help of two other men. A month later, Cook County State’s Attorney Kim Foxx abruptly dropped the charges against Smollett, with little explanation. Later, Cook County Judge Michael Toomin appointed Dan Webb as a special prosecutor to investigate Foxx’s handling of the case.

Webb found that, while Foxx had not committed any crimes, she and her subordinates abused their discretion and misled the public. Webb convened a special grand jury that essentially reinstated the charges against Smollett. That case continues through the courts.

And in the latest twist, prosecutors want to keep Smollett from being represented by the defense attorney he selected due to a potential conflict of interest. With so much skepticism in the case already, the judge now overseeing Smollett’s prosecution would be wise to eliminate any appearance of impropriety. Pick a new lawyer, Smollett.

Toomin has a very different problem on his hands.

Webb had concluded that Foxx’s office engaged in “substantial abuses of discretion and operational failures” in its handling of the Smollett case. In a brief summary of its findings, Webb’s team stated Foxx and her office “breached (their) obligations of honesty and transparency.”

What evidence drove Webb and his colleagues to such damning judgment of prosecutors?

That’s not known, because Toomin continues to shield Webb’s 59-page report from public view. Webb’s full report was to go not only to Toomin, but also to the Cook County Board of Commissioners. That hasn’t happened either. Webb, who wanted his report made public, won’t release it without Toomin’s approval.

This lack of full disclosure only fuels public suspicion that somebody wants to protect someone from something. More than two years after the incident, and with public money — ours — being spent on resources dissecting this case, the public still has a right to see Webb’s findings. Keeping it under wraps only feeds the perception that Cook County has different standards of justice for different defendants.

It also raises concerns about judicial independence. Toomin nearly lost his seat on the bench in November after Cook County Board President Toni Preckwinkle, a Foxx ally, tried to wedge him out. She campaigned hard against his retention. Is he fearful now that releasing the report would put him in a politically delicate position again? Did Preckwinkle’s muscling create a chilling effect on all judges?

Cook County Circuit Court Judge Patrick Murphy wrote at the time: “Experienced Chicago people instinctively know that the Democratic organization’s message was not really directed to Judge Toomin. The message was directed to all other judges. Do our bidding — or else.”

Do our bidding or else. And this is the justice system we’re now supposed to trust in a massive overhaul of no-cash bail. A justice system that won’t be transparent.

At issue is not a verdict of guilt or innocence. Foxx and her subordinates aren’t criminal defendants whom a judge must protect from pretrial publicity. She’s an officeholder routinely subject to public scrutiny on the conduct, or misconduct, of prosecutors deciding who faces trial and who walks free.

The key questions involve prosecutors’ bizarre conduct — first presenting evidence to a grand jury to secure felony charges against Smollett, and then, a mere 18 days later, dropping those charges in a furtively arranged court proceeding.

There is no obstacle to releasing Webb’s report that can’t be overcome. If some passage treads too far into the grand jury process, Toomin can redact those sentences before releasing the document. Or if Toomin was hesitant to disclose the full report before the November election, well, it’s now March.

The Smollett case damaged the sense of trust people have in Cook County’s justice system and who gets favorable treatment. With a dramatic increase in homicides last year, carjackings on the rise and now attacks on police, trust in the system is even more depleted. Releasing the full report would help rebuild it.

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