In his opinion, Presiding Judge Michael Toomin took issue with the Cook County State’s Attorney, Kim Foxx, for her handling of the criminal case after her recusal. Specifically, he argues that Foxx’s appointment of her deputy to investigate the case essentially rendered the state’s prosecution nonexistent, as her deputy did not have legal authority to pursue the case. Foxx ultimately dropped charges against Smollett following his mandated community service and bail forfeiture. Foxx’s office is also under investigation by the FBI and Department of Justice.