Chicago Sun-Times

WEBB REPORT ENSURES FOXX HAS REELECTION RUNNING MATE: JUSSIE SMOLLETT

- BY RACHEL HINTON, STAFF REPORTER rhinton@suntimes.com | @rrhinton

Cook County Republican­s might have just been handed their best shot at recapturin­g an office they have not held since Bill Clinton was president.

Special Prosecutor Dan Webb’s finding of “substantia­l abuses of discretion” in the Cook County state’s attorney’s office’s handling of the Jussie Smollett case virtually ensures that Democratic incumbent Kim Foxx will still be answering questions about the matter right up until the November election.

“Aside from him coming out with an actual criminal charge against her, it’s about as devastatin­g a report as a sitting state’s attorney can have leveled against them,” Cook County Republican Chairman Sean Morrison said.

“Nobody has a crystal ball, but I have a feeling that we’re going to have one of the closest Republican versus Democrat races for state’s attorney that our county has probably seen in 25 years, and rightfully so,” said Morrison, a county commission­er from Palos Park.

Foxx is facing Republican Pat O’Brien — a former Circuit Court judge and former Democrat — in November.

Webb announced he’d concluded his investigat­ion into Foxx’s handling of the Smollett case Monday, finding that Foxx and her office made several false and misleading statements but also concluding that there was no evidence that would support criminal charges for the first-term prosecutor.

Webb also said in his report that he found evidence establishi­ng “substantia­l abuses of discretion” in prosecutin­g and dismissing the initial criminal charges filed against Smollett.

The report could spell more trouble down the line.

Morrison said he believes Foxx, as well as Joseph Magats, her first assistant state’s attorney, could be in trouble with the state’s Attorney Registrati­on and Disciplina­ry Commission should Webb file his report with that body. If that agency upholds Webb’s findings, discipline for the two attorneys could range from being reprimande­d to being disbarred.

And even some members of Foxx’s own party said last week they’re not sure they can support the county’s top prosecutor for a second term.

Ald. Brian Hopkins (2nd) and Ald. Brendan Reilly (42nd) told Crain’s last week that they were undecided about endorsing Foxx for a second term. Reached Monday after the release of Webb’s report, Hopkins said he didn’t want to comment until the full, 60-page report was released.

Foxx’s office issued a statement rejecting Webb’s “characteri­zations of its exercises of prosecutor­ial discretion and private or public statements as ‘abuses of discretion’ or false statements to the public.”

“Any implicatio­n that statements made by [Foxx’s office] were deliberate­ly inaccurate is untrue,” according to the statement.

Backers and detractors alike are torn on whether Foxx can get her reelection message heard over the noise created by the Smollett case.

Some Democrats are calling the lack of evidence for criminal charges a victory for Foxx. One source close to the Cook County Democratic Party said that while Webb’s report is “not great,” the March primary showed that Foxx could withstand a challenge.

“Look at the results in the primary — everyone thought Kim Foxx was done,” the source said. “She was under investigat­ion, there was this cloud over her, and everyone thought that she was gonna have a real tough reelection fight in the primary, and she wins in a landslide against a well-funded opponent.”

“Sure a few people may flip their tickets and vote Republican for state’s attorney, but for the most part people are going to come in and vote a straight party ticket, and we have way more Democrats than Republican­s in Cook County, so I just don’t see it making that much of an impact.”

Foxx won 50.5% of the vote, a slim majority, in March despite her three Democratic opponents making the handling of the Smollett case a major issue. Primary challenger Bill Conway was bankrolled by his billionair­e father, who poured millions of dollars into the race.

Former Cook County State’s Attorney Dick Devine said that Foxx has to answer the questions raised by the report, but couldn’t say how it might affect Foxx’s chances in November.

“It’s a very unusual election process with all these things going on,” Devine said. “Everything is remote right now, so it’s difficult to place it in the context of a normal campaign ... but I think there are questions that are there, and I think the media is going to point them out. ... What impact it will have in these unusual circumstan­ces is really very difficult to say right now, but it’s an issue, and it’s going to remain an issue. It’s not going to go away, I don’t think.”

Devine beat incumbent Jack O’Malley in 1996, the last Republican to hold the job.

Jacob Kaplan, the executive director of the county’s Democratic Party, said Foxx is still in “a great position for victory” in the general election and “the party remains steadfast in its support” of Foxx and is “working hard to ensure she’s victorious in November.”

At a Monday afternoon news conference, Foxx’s Republican opponent called Webb’s report “damning,” saying Foxx has “failed us all.”

“I’m going to win, and as for the people who say [this report] will have no effect, maybe they should look in the mirror,” O’Brien said. “We can’t let this situation go unresolved.”

“ASIDE FROM HIM COMING OUT WITH AN ACTUAL CRIMINAL CHARGE AGAINST HER, IT’S ABOUT AS DEVASTATIN­G A REPORT AS A SITTING STATE’S ATTORNEY CAN HAVE LEVELED AGAINST THEM.” SEAN MORRISON, Cook County Republican Party chairman

On the fifth anniversar­y of a hunger strike that saved Dyett High School, the people who led that effort came together Monday to remember their fight — and celebrate the school’s first graduating class.

“They said we could not get our closed schools reopened. They said that we cannot create a world-class education for our students,” said Irene Robinson, member of the Kenwood Oakland Community Organizati­on. “Ordinary people came together, and they had vision for their children, and they fought, and that vision is here today because of those individual­s.”

Robinson was one of 12 parents and education activist who took part in a hunger strike in 2015 demanding the closed Dyett High School reopen. They even had a detailed plan: Make it a school focused on “global leadership and green technology.” For 34 days, the group abstained from solid food and held protests at City Hall, asking then-Mayor Rahm Emanuel to invest in muchneeded neighborho­od schools.

Some of the protesters, weakened, were hospitaliz­ed during the monthlong fight.

The strike eventually forced CPS to reopen the building, but the district didn’t follow the rest of the strikers’ plan. Instead, when the school reopened in 2016, it was as Dyett High School for the Arts.

Monday’s celebratio­n included a DJ and food for the graduating seniors. Jitu Brown, lead organizer of the strike and national director of Journey for Justice Alliance, was followed around by a camera crew Monday; a film project about the strike, “Still Hungry for Justice,” is in developmen­t.

“The lesson in Dyett, I think, is the microcosm of what the movement for justice around the country needs to look like,” Brown said. “It was a Black-led fight, led by the people directly impacted but supported with honesty, humility and courage by people from around the city.”

The district would end up spending more than $14 million for renovation­s to the school before it reopened. The building now includes a dance studio, a textile design space and a black-box theater.

Brown said that investment into the school could be made only because of the direct action they took by calling out racist policy that initially closed the majority-Black neighborho­od school.

“$14 million in new investment so young people don’t have to go to a high school with no technology or asbestos in the building or police that treat them like they are criminals in school,” Brown said. “They can actually go to a world-class neighborho­od high school within safe walking distance of their homes.”

Manny Ramos is a corps member in Report for America, a not-for-profit journalism program that aims to bolster Sun-Times coverage of issues affecting Chicago’s South and West sides.

 ?? TYLER LARIVIERE/SUN-TIMES ?? Cook County State’s Attorney Kim Foxx speaks with supporters and media at a February reelection rally.
TYLER LARIVIERE/SUN-TIMES Cook County State’s Attorney Kim Foxx speaks with supporters and media at a February reelection rally.
 ??  ?? Pat O’Brien
Pat O’Brien
 ?? MANNY RAMOS/SUN-TIMES PHOTOS ?? Marc Kaplan (from left), Jitu Brown and Irene Robinson reflect on their 34-day hunger strike in 2015 that helped reopen Dyett High School for the Arts, 555 E. 51st St.
MANNY RAMOS/SUN-TIMES PHOTOS Marc Kaplan (from left), Jitu Brown and Irene Robinson reflect on their 34-day hunger strike in 2015 that helped reopen Dyett High School for the Arts, 555 E. 51st St.
 ??  ?? Photos commemorat­ing the 5th anniversar­y of a monthlong hunger strike that helped reopen the doors for a neighborho­od high school in Washington Park.
Photos commemorat­ing the 5th anniversar­y of a monthlong hunger strike that helped reopen the doors for a neighborho­od high school in Washington Park.

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