Smollett Controversy; Two Police Investigative Reports Released In Smollett Case
BLITZER: We're following new developments in the wake of the very controversial decision to drop all charges against the actor Jussie Smollett. Two Chicago police supplemental reports from the case have now been made public. They refer to Smollett as an offender, not a victim. Brian Todd is here in THE SITUATION ROOM. Brian, there's still a lot of confusion and a lot of anger about all this, about all of this, especially the decision to drop all charges.</s>BRIAN TODD, CNN CORRESPONDENT: A lot of both those things, Wolf. There's still so much mystery surrounding this case tonight. The prosecutor's office which brought the case against Jussie Smollett now facing unrelenting pressure for suddenly dropping the charges.</s>TODD (voice-over): Tonight, Chicago's Fraternal Order of Police is asking us Attorney General William Barr to get involved in the prosecutor's decision to drop the charges against Jussie Smollett.</s>KEVIN GRAHAM, PRESIDENT, CHICAGO FRATERNAL ORDER OF POLICE: We will be asking for a full investigation on the entire matter why the charges were dropped and the state's attorney's involvement in this case.</s>TODD: Prosecutor Joe Magats squarely at the center of the controversy, being scrutinized for questions unanswered, explanations not accepted.</s>SCOTT FREDERICKSEN, FORMER FEDERAL PROSECUTOR: There's a lot more here that we're not being told.</s>TODD: Magats says he alone made the call to drop the charges against Smollett, in spite of evidence reinforced by partial police investigation reports released today. Among his reasons, Magats says, were Smollett's history and the nature of the charges against him.</s>JOE MAGATS, COOK COUNTY ASSISTANT STATE'S ATTORNEY: He had no prior felony background. He had no history of violence. Like I said, it is a low-level felony.</s>TODD: Arguments that one former federal prosecutor doesn't buy.</s>FREDERICKSEN: This is no way a low-level felony. This is the most serious crime, faking a hate crime, lying to the police.</s>TODD: Magats also seemed to make the argument that, in a city racked with violence, prosecutor's resources would be stretched by trying the Smollett case.</s>MAGATS: We are focusing our resources on combating violent crime, gun crime and the drivers of violence.</s>FREDERICKSEN: Every prosecutor will tell you that a crime that involves lying to the police and faking a crime is every bit as critical to the criminal justice system as violent crimes. So that is in no way an explanation for dismissing this case.</s>TODD: There are questions tonight over whether a secret deal was reached to get Smollett's charges dropped, an idea Smollett's attorneys have flatly rejected.</s>PATRICIA BROWN HOLMES, ATTORNEY FOR JUSSIE SMOLLETT: There is no deal. The state dismissed the charges.</s>TODD: But the prosecutor says there was negotiation with Smollett's lawyers.</s>MAGATS: I called an alternative disposition, in that he agreed to do community service. He agreed to forfeit his bail to the remainder of his band [ph] to the City of Chicago. And in return for him doing those things, we agree to dismiss the indictment.</s>TODD: Questions are also being raced over Joe Magats' boss, Cook County State's Attorney, Kimberly Foxx, who like Magats, believed Smollett committed the crime.</s>KIMBERLY FOXX, STATE ATTORNEY AT COOK COUNTRY, ILLINOIS: This office believe that they could probe him guilty.</s>TODD: Foxx recused herself from the Smollett case after receiving a private communication from Tina Chen, an influential friend of the Smollett family. Foxx then suggested to the police that they turn the case over to the FBI, moves which Police Union officials want investigated.</s>KEVIN GRAHAM, CHICAGO FRATERNAL ORDER OF POLICE: Why did that occur? What happened? Why wasn't there a special prosecutor put in place?</s>TODD: A question so far not answered by the prosecutor's office. Then there's the question of communication. Chicago police and the mayor say the prosecutor's office never told them beforehand that they were considering dropping the charges.</s>MAYOR RAHM EMANUEL (D), CHICAGO: Not only did they not inform myself. The fact is when we came off the stage after the largest police graduation and promotion find out about what's happening here, it to me, makes no sense.</s>UNIDENTIFIED MALE: You don't do that without consulting with the police. You don't do that without telling the public in a high profile case. Look, this is why we really did this.</s>TODD: So far, there has been no explanation from the prosecutor's office for why they didn't consult the police on the decision.</s>TODD: Then just moments ago, Tina Chen, the woman who contacted the lead prosecutor in the case and prompted that prosecutor to recuse herself issued a statement. Tina Chen acknowledging she did contact Kimberly Foxx to express the Smollett family's concern about how the investigation was being characterized in public. Wolf?</s>WOLF BLITZER, CNN THE SITUATION ROOM: Brian Todd reporting for us. Brian, thanks very much. Just to add, there's more on this hour's breaking news. The Attorney General William Barr discussing Mueller report with the Chairman of the House Judiciary Committee and not committing to the eventual release of the full report.