Empire

The prosecutor in the Jussie Smollett case threw shade at the Mayor of Chicago and the Police Superintendent as she bizarrely tried to explain her decision to cut the actor loose from the justice system.

Cook County State Attorney Kim Foxx wrote an op-ed piece in the Chicago Tribune, in which she says the case against Smollett was not a slam dunk. Foxx is clearly pointing the finger at Police Superintendent Eddie Johnson, who came out strongly in a news conference after Smollett was charged, saying the evidence was clear -- Smollett paid the Osundairo brothers to stage an "attack."

Foxx says, "For a variety of reasons, including public statements made about the evidence in this case, my office believed the likelihood of securing a conviction was not certain." She doesn't explain how those public statements would affect the case.

Foxx goes on to diminish the alleged crimes, saying Smollett was charged with a low-level felony, "The least serious category, which also covers things like falsely pulling a fire alarm in school and 'draft card mutilation.'" So, Foxx is comparing filing a false police report and falsely alleging a hate crime is like pulling a fire alarm.

She says, "These felonies are routinely resolved, particularly in cases involving suspects with no prior criminal record, long before a case ever nears a courtroom and often without either jail time or monetary penalties." What she's not telling you ... the way these cases are typically resolved is with a plea bargain ... and not outright dismissal. Remember, Jussie did no formal community service.

She then goes after Mayor Emanuel and Superintendent Johnson, saying, "Any law-enforcement leader or elected official not grandstanding or clouded by political expediency understands the purpose of sentencing guidelines." NOTE: Smollett was not sentenced. He was let go.

#1 Dodgers fan George Lopez might have some regrets today about how his fun-filled Opening Day ended ... due to this drunken run-in with fans, and their convo about President Trump and Jussie Smollett.

Ya gotta see this -- George signed autographs and took pics with a group of fans Thursday afternoon, celebrating the Dodgers' 12-5 victory. Good times all around! And then, our camera guy brought up George's favorite topic ... Trump.

We asked what he thought about POTUS using the Smollett case as a MAGA rally cry, but George --clearly not in the mood for a serious chat -- called in fans for backup, and one guy obliged.

This is where George's boozy fun seemed to cross the line into bad taste. One fan opened up about being the victim of a hate crime, but as he did ... George mockingly humped him, and dropped some offensive language too.

To be fair, the fan didn't appear to be offended ... but certainly could have been. We think George got lucky.

Watch the clip to the end ... 'cause you gotta see how George's pal, Arsenio Hall, popped on the scene to save the day.

Jussie Smollett may have just been checkmated by the City of Chicago, and it could cost him his "Empire" job.

The City is now demanding he pay $130k for the overtime required to investigate the now-infamous "attack." A City official sent Jussie a demand letter, but his people have already rejected the request, saying the only person owed anything is Jussie -- as in, an apology from the Mayor and Police Superintendent.

This has now set up a courtroom showdown, and sources connected to the Mayor tell TMZ ... they will absolutely file a civil case to get the money. Under the law, the City can actually collect 3 times the actual amount owed as a penalty -- meaning around $390,000.

If Jussie fights it in court, his "attack" case will be fully litigated. A judge will have to decide if the attack was fake before deciding whether Jussie is required to pay. What's more, the judge would only have to rule that it's more likely than not -- 51/49 percent -- that Jussie faked the attack. That's a much lower standard of proof than a criminal case, which requires proof beyond a reasonable doubt for a conviction.

Now here's the hard part for Jussie. If a judge rules the attack was fake, it gives the honchos at "Empire" all the ammo they need to say he's fired, despite the fact the State's Attorney has dismissed the criminal case.

And, to add insult to injury, if Jussie loses the case but refuses to pay the judgment, the City can execute on the judgment, and that would include garnishing wages and freezing bank accounts -- including his "Empire" salary.

Tina Tchen, the woman who tried to grease the wheels for Jussie Smollett in Chicago, isn't saying much ... now that he's been cleared of all criminal charges.

We got Tchen in Washington, D.C. -- she's a power player there as Michelle Obama's former Chief of Staff -- but also in Chicago. We asked her, multiple times, what her thoughts are on Jussie's future now that he's no longer facing 16 felony counts.

Watch, she had an answer locked and loaded ... which she fired off. Repeatedly.

You'll recall, Tchen had reached out to Cook County State's Attorney Kim Foxx shortly after Jussie reported the alleged attack. In text messages, Tchen said she was speaking on behalf of the Smollett family ... which had "concerns about the investigation."

After Foxx's office let Smollett skate, critics speculated Tchen's involvement reeked of the kind of political cronyism for which Chicago's built an infamous reputation.

Jussie Smollett shouldn't show up to the NAACP Image Awards this weekend ... so says an actress on "Power."

Naturi Naughton -- who actually won the award last year for Best Supporting Actress in a Drama -- was very candid with us Thursday at LAX, saying given everything that's happened with him ... he should probably bow out of the award show this time around. Jussie won for Supporting Actor in a Drama in 2017.

Unclear if Jussie's gonna follow her advice, considering he touched down in L.A. Wednesday night, ahead of the NAACP Image Awards this Saturday. It wouldn't be surprising if he showed -- he's been as strong this week as he was at the beginning of the saga -- proclaiming the "attack" was real.

4:57 PM PT -- President Trump just blasted Jussie Smollett at a Grand Rapids, Michigan rally, telling the crowd, "How 'bout Chicago," which triggered a roar of boos. He said the widespread indignation over Jussie walking free was the only time he agreed with Mayor Rahm Emanuel. He called the case a national embarrassment.

The bizarre outcome of the Jussie Smollett case is now on President Trump's radar, and as federal investigations begin ... he's calling the dropping of the charges an "embarrassment" to the nation.

Trump's Thursday morning tweet storm included one about the sweet deal the Cook County State's Attorney's Office handed Smollett -- dropping the 16 felony counts for allegedly lying to police after he did 18 hours of charitable work last weekend.

POTUS said 2 federal agencies -- the FBI and the Department of Justice -- would be reviewing the "outrageous" case. It might seem like he's calling for the investigation, but the reality is the FBI and DOJ were already on the job.

Chicago's Fraternal Order of Police announced it had filed with the DOJ on Tuesday ... immediately following the announcement Jussie would not stand trial. The FBI's probe of the State's Attorney's decision was announced Wednesday afternoon.

While Cook County State's Attorney Kim Foxx has defended cutting Smollett loose -- calling it a typical outcome for anyone facing class 4 felonies -- public outcry has prompted the feds to get involved.

Trump's tweet makes it clear ... he still knows what gets ratings.

Jussie Smollett's alleged "attack" is not over, because the City of Chicago is demanding $130,000 from the actor or else, but the actor has told Chicago officials to go pound sand.

The Chicago Corporation Counsel -- who handles civil claims for the City -- fired off a letter to Jussie demanding he pay the $130k, which represents, among other things, overtime pay for cops who investigated the case.

The Corporation Counsel writes, "Over two dozen detectives and police officers participated in the investigation, ultimately spending weeks investigating your false claims."

The letter goes on to say they have the goods, saying, "The Chicago police investigation revealed that you knowingly filed a false police report and had in fact orchestrated your own attack."

And, then comes the threat ... the City is demanding "immediate payment of the $130,106.15" within 7 days. If Jussie doesn't ante up, the Corporation Counsel vows to "prosecute you for making a false statement under the Municipal Code of Chicago." This is separate from the criminal case that was just dismissed.

The penalty is no jail, but a fine of no less than $500 ... but here's the deal -- the city could go after Jussie for 3 times the actual damages, or more than $390,000. Although the penalties are only monetary, it could amount to a finding by a judge or jury that Jussie faked the attack.

Jussie's response was immediate and clear ... a spokesperson told TMZ, "It is the Mayor and the Police Chief who owe Jussie an apology for dragging an innocent man's character through the mud. Jussie has paid enough."

As you know ... prosecutors in stunning fashion dropped Jussie's case earlier this week -- much to Mayor Rahm Emanuel's chagrin. Jussie surrendered his $10k bond, but that's it.

One of Jussie Smollett's "Empire" costars doesn't want to answer for pulling her support when things were hot ... especially now that the case has gone ice cold and been dropped.

We ran into Tasha Smith -- aka, Carol Hardaway (Jussie's aunt on the show) -- leaving Chelsea Studios in NYC Thursday, where our camera guy pointed out that she was one of many "Empire" stars who yanked their initial supportive IG posts when Jussie was arrested.

Of course, the Cook County State's Attorney's Office decided to drop the charges altogether just this week.

Before our photog can get around to a question, Tasha jumps in to jokingly berate him, asking why in the hell he'd ask that about her "family" ... and turns the question on him.

It's a pretty hilarious back-and-forth here -- which ends with her telling us to kiss it where the sun don't shine. And, while Tasha and our guy made peace by the end of it ... she skated around a serious question, and seems to be pulling back from her initial pull-back.

Jussie Smollett is back on the west coast and the timing is interesting ... considering he's up for a big award in L.A. this weekend.

The embattled "Empire" actor landed at LAX Wednesday night, where he was flanked by security guards and family members as paparazzi peppered him with questions, like whether he thinks he'll get his career back on track ... and if he thought he wasted the Chicago PD's time.

Jussie remained tight-lipped and made his way to a waiting car.

His arrival makes sense ... he's nominated for Best Supporting Actor at the 50th NAACP Image Awards for his "Empire" role. That's going down Saturday, and while he hasn't officially said he'll attend ... this is a strong sign he'll be there.

Jussie Smollett knows his career's on the line, and he's tasking his team with pulling off the highly improbable -- making him likable again.

Sources close to the "Empire" star tell TMZ ... even though his criminal record's scrubbed clean, he's in crisis management mode to repair his public image. We're told he's ordered his team to come up with a plan to fix that pronto, because if they don't ... he's screwed professionally.

Our sources say Jussie's open to anything that will give him an opportunity to tell his story and convey he's not the bad guy. Yes ... he will stick to the victim narrative.

We're told he's down for interviews, appearances and going outside of his comfort zone if it means getting a chance to connect with an audience ... because he knows if he does nothing, he'll never get work again.

We broke the story ... Jussie's showbiz job offers have completely dried up since he was arrested and charged for allegedly orchestrating a fake attack in Chicago in late January.

Despite the charges getting dropped this week, we're told Jussie has not been contacted about any potential work and knows he's more or less a Hollywood outcast for now ... so, it's time for a full-on PR blitz.

Charles Barkley says there are no winners in the Jussie Smollett saga -- only losers -- and he feels TURRIBLE for the "real" victims of hate crimes whose stories will now be called into question.

"It's a really bad situation for everybody involved," Barkley told us in NYC ... "There's no winners. We're all losers."

Barkley has been ripping Smollett's tale about being attacked by homophobic racists for weeks -- even clowning the "Empire" actor as a liar on "Inside the NBA."

So, now that the 16 felony charges Smollett was facing for allegedly lying to police have been dropped -- we wondered if Barkley would back off Jussie.

Spoiler Alert: NO.

We asked Chuck if he thinks Jussie skated -- he replied, "That's an understatement."

Should Jussie have gone to jail?

"I don't think he shoulda went to jail, but it's unfortunate."

And, that's when Barkley told us about the "real victims" in the Smollett saga.

"Anybody who's gay who gets beat up, they're the real losers ... or black [people] who get beat up, they're the real losers."

As for Jussie, he maintains his innocence.

7:09 PM PT -- Jussie's attorney, Patricia Holmes, has just released a statement, condemning the local authorities who "have continued their campaign against Jussie Smollett after the charges against him have been dropped." She continues, "The case is closed. No public official has the right to violate Mr. Smollett's due process rights."

Holmes points out that Jussie is allowed the same rights as every citizen -- that he "is innocent until proven guilty in the court of law" and also has the right to speak freely about his innocence.

She states, "We respectfully request all government agencies involved live up to the ethical tenets of their office ... The case was dismissed. We should all allow Mr. Smollett to move on with his life as a free citizen."

The Cook County State's Attorney has circulated an email asking prosecutors in the office to come up with other examples where they just dropped felony charges the way they did in the Jussie Smollett case ... this, as Jussie was making a hasty retreat out of Chi-Town via O'Hare International Airport.

According to the memo, obtained by the CBS affiliate in Chicago, the brass wrote, "We are looking for examples of cases, felony preferable, where we, in exercising our discretion, have entered into verbal agreements with defense attorneys to dismiss charges against an offender if certain conditions were met, such as the payment of restitution, completion of community service, completion of class, etc."

Here's the problem. Jussie did not do community service. Community service is often part of a plea deal where a certain number of hours is required by defendants who are convicted or cop a plea. In Jussie's case, all he did was spend a few hours over the weekend at Rainbow PUSH. That is not community service.

As for restitution .. Jussie forfeited a $10k bond, and that's it. As the Mayor said, it doesn't come near to paying the cost of the investigation.

The email goes on to say, "Nobody is in trouble, we are just looking for further examples of how we, as prosecutors, use our discretion in a way that restores the victim, but causes minimal harm to the defendant in the long term."

The concept of "minimal harm" to the defendant is confusing. Typically what happens is that a defendant would plead no contest to a reduced charge or a reduced number of charges, and maybe get community service and/or pay restitution. That didn't happen in Jussie's case.

2:42 PM -- Foxx is on a media blitz, and she just told ABC7 in Chicago her office did NOT ask for the resolution in Smollett's case to be made under seal. She says Smollett's criminal record -- in relation to the police report -- is what should have been kept under seal. She says her office is in the process of unsealing the resolution.

Foxx also broached the subject about her recusal and added there was zero outside influence on the case. Michelle Obama's former chief of staff, Tina Tchen, clarified her contact with Foxx saying, "Shortly after Mr. Smollett reported he was attacked, as a family friend, I contacted [Foxx], who I also know from prior work together."

"My sole activity was to put the chief prosecutor in the case in touch with an alleged victim's family who had concerns about how the investigation was being characterized in public."

Cook County State's Attorney Kim Foxx is going to bat for her office, which opted to let Jussie Smollett walk ... saying the public just doesn't understand this is how the law works.

Foxx went on WBEZ Radio in Chicago Wednesday and said she understands the confusion for those on the outside "who don't understand the intricacies of the justice system, who don't understand alternative prosecution or diversion or alternate outcomes outside of prison or lengthy probation."

On the flip side, Foxx -- who recused herself from the case -- says those who know the legal system know "the likelihood that someone would get a prison sentence for a Class 4 felony is slim."

As we reported ... First Assistant to the Cook County State's Attorney Joseph Magats said prosecutors dropped the case because Smollett doesn't have a violent criminal history and lying about the alleged attack was NOT a violent crime.

Foxx echoed Magats sentiment that although the charges were dropped ... everyone in their office backs the police investigation, and believes Jussie staged the attack. As she put it to WBEZ, you don't typically see people "give up $10,000 of their hard earned money" unless they're being held accountable for something.

The 2 brothers who allegedly faked the homophobic and racist "attack" against Jussie Smollett will not go public and stand by their claim it was all staged ... and we've learned their lawyer has quit as a result.

Moments after Jussie was cleared by the State's Attorney, the lawyer for Abel and Ola urged them to make a public statement, standing by their claim Jussie faked the "attack." We're told they refused, and ultimately their lawyer, Gloria Schmidt, bailed on them, saying she didn't want to rep them anymore.

The question ... why would Abel and Ola go radio silent, especially because Jussie essentially pointed the finger right back at them, saying he never lied and the "attack" was real? The police, prosecutors and even the 2 brothers say they were the ones in the street with Jussie ... but everyone other than the actor says it was a hoax.

Jussie Smollett hasn't regained the full support of his "Empire" family despite criminal charges against him being dropped ... and things are still very divided among cast and crew.

Production sources tell TMZ ... there are still people on the set -- especially writers -- who believe the dismissal of charges is a vindication, proving Jussie was a victim. Point of fact ... the State's Attorney believes Jussie staged the attack but felt it was a low-priority, non-violent crime that would have resulted in a punishment of community service, so why bother.

We're told there are a number of people on the "Empire" set who share the view that Jussie staged the attack and are shocked by the lack of consequences ... and don't want him back on the show. They are especially offended Jussie allegedly faked the attack to squeeze more money out of producers.

The contingent who are angry at Jussie believes he's a liability to the show and should be cut if the show comes back for season 6.

One thing has united the cast ... they are all thrilled the case is now closed because they believe it's a threat to the show's future.

Fact is ... the case isn't closed. The FBI is still investigating the letter that was sent 8 days before the "attack," to determine if Jussie sent the letter. If that conclusion is reached, he could face federal charges.

1:05 PM PT -- First Assistant to the Cook County State Attorney Joseph Magats -- who replaced Kim Foxx when she recused herself -- says they dropped the charges because Smollett doesn't have a violent criminal history, and lying about the alleged attack was not a violent crime.

Magats says his office prioritizes violent crimes in Chicago, and felt this case wouldn't be the best use of resources. For the record, he says he made this decision alone ... without consultation from Foxx.

He also squarely says he believes Jussie DID concoct a hoax and lied about it to police. Even though Chicago PD and Mayor Emanuel ripped the State's Attorney's Office ... Magats made it clear he stands by the findings of the cops, and believes they had the evidence to get a conviction.

The obvious question is asked ... why take the case to a grand jury, only to drop the charges? Check out Magats' answer -- a lot of people, and not just Chicago PD, won't buy what he's selling here.

BTW, Magats says discussions have been going on for weeks with Jussie's camp ... about dropping the charges, and his community service. All of which must have been done in total secrecy because we know cops, the Mayor and others involved in the case had no clue this was going to happen.

10:45 AM PT -- Mayor Rahm Emanuel is very strongly hinting at corruption in the State's Attorney's Office, calling the decision to drop the charges against Smollett a "whitewash of justice."

The Mayor added, "From top to bottom, this is not on the level." He called for accountability from the prosecutors.

Emanuel was joined by Chicago PD Superintendent Eddie Johnson who said he didn't feel justice was served by letting Smollett off the hook.

What's more, Johnson said if Jussie was, in fact, innocent ... he should've taken his day in court, and not broker a backdoor deal in secrecy. Bigger picture -- Johnson feels the City of Chicago is still owed an apology, as he believes Jussie carried out a hoax.

10:15 AM PT -- FOX says, "Jussie Smollett has always maintained his innocence and we are gratified that all charges against him have been dismissed."

As for WHY they were dropped -- you'll recall State's Attorney Kim Foxx recused herself from the case. She reportedly had asked cops to stand down at the behest of Tina Tchen -- Michelle Obama's former Chief of Staff and a friend of Jussie's family. The conflict forced Foxx to bow out.

The Cook County State's Attorney's Office tells us the decision to drop all charges against Jussie was made by Joseph Magats -- the First Assistant State's Attorney -- who was placed in charge of the case after Foxx's recusal, and NOT by Foxx.

It's still odd. Sources tell TMZ the prosecutor in the case, as late as Friday afternoon, was making plans to handle issues involving cameras in the courtroom for the trial ... and seemed completely unaware of plans to drop the case.

9:22 AM PT -- Jussie and his lawyer, Patricia Holmes, just addressed the media, and the takeaway message was simple ... he's happy and wants to get on with his life. Holmes reiterated this was not a deal Jussie struck with prosecutors -- instead, they dropped the charges on their own, and he forfeited his bond voluntarily ... it wasn't a tit-for-tat situation.

Jussie thanked everyone who supported him through this case, and maintained he'd been truthful and consistent throughout the case. He added ... that he would never put the LGBTQ movement "through a fire like this." He also thanked his "Empire" cast members for their support.

If you're wondering if things will really get back to normal for Jussie -- he stopped to take a few selfies with fans on his way out of court.

And there's this ... federal law enforcement sources tell us Jussie is still under investigation for the threatening letter -- with racist and homophobic slurs -- that was sent to him at the "Empire" studio 8 days before the alleged attack.

You'll recall ... the Chicago PD Superintendent claimed Jussie sent it to himself, but our sources say the FBI had not reached that conclusion yet.

8:45 AM PT -- Jussie's family has also released a statement celebrating the news. They state, "This morning truth has prevailed and (Jussie) has been vindicated."

They continue, "While many were quick to rush to judgement before hearing the actual truth, we are grateful that the truth about Jussie has come to light. We look forward to bringing the real perpetrators to justice."

8:35 AM PT -- State's Attorney Kim Foxx's office says, "After reviewing all of the facts and circumstances of the case, including Mr. Smollett's volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case."

The statement is consistent with what our sources said about Jussie only getting community service if he'd been convicted. The decision is NOT sitting well with Chicago PD.

On the other hand, Jussie's co-workers on "Empire" are celebrating on Twitter.

Jussie Smollett will not be prosecuted for allegedly faking a racial attack, because all charges have been dropped!!!

Jussie and his lawyers ran to court Tuesday morning in Chicago, where he was facing 16 felony counts of lying to police in the alleged racial and homophobic attack.

Jussie will surrender his $10,000 bond. But, that's it. The case is over.

We're told the State's Attorney, Kim Foxx, told Chicago police she was dropping the case because Jussie would have only gotten community service if convicted and she said he has already performed community service so there is no point in prosecuting him. We could not find any record of Smollett doing community service.

We're told Chicago police are "furious" and feel something untoward is going on with Kim Foxx.