CHICAGO (AP) — The FBI was already investigating Jussie Smollett before President Donald Trump tweeted that the agency and the Department of Justice would review the case, which the president called "an embarrassment" to the nation. Trump's tweet on Thursday came two days after a surprise decision by Cook County prosecutors to drop all charges against the "Empire" actor, who was accused of orchestrating a fake attack involving two men who beat him on a downtown Chicago street. The president did not specify what aspect of the case would be probed, and Department of Justice officials declined to comment. Some former federal prosecutors say there are enough anomalies to justify a Justice Department review of why prosecutors dismissed all 16 felonies. Among the red flags they cited: the unusual level of secrecy around the proceedings, including sealed court documents; prosecutors' often muddled and contradictory explanations; and the absence of any requirement that the accused accept responsibility in exchange for dropping charges. Investigators believe Smollett hired two brothers to stage the Jan. 29 attack and that Smollett hoped the attention would help advance his career. Police also allege that before the attack, Smollett sent a letter threatening himself to the Chicago television studio where "Empire" is shot. The FBI has been investigating that letter. State prosecutors insisted that they could still prove Smollett concocted the entire assault. And even after charges were thrown out, the actor maintained that the attack was real. Phil Turner, an assistant U.S. attorney in Chicago before entering private practice, said federal prosecutors could, at minimum, seek an order for state prosecutors to preserve emails, texts and other documents that might shed light on why they acted as they did with Smollett. Prosecutors' hasty calling of the Tuesday hearing with no prior public notice and their swift sealing of court records showed a highly unusual and suspicious level of secrecy, Turner said. Story continues "It makes it look like they were clearly trying to pull a fast one," he said. "It all smells funny." Federal prosecutors could, in theory, bring charges under a law that requires public officials to provide honest services to citizens if evidence emerges that any decision was made at the behest of influential people outside the state's attorney's office, Turner said. Justice Department investigators "could try to show that, if Cook County prosecutors did a favor for someone by dropping charges, that deprived people in Cook County of the honest services they deserve," he said. The case, he theorized, could qualify as a federal matter if communications about the decision took place on the phone or internet, placing it within federal jurisdiction. Another former federal prosecutor, Joel Bertocchi, sounded much more skeptical about the chances of a full-fledged investigation. "You'd have to show the decision (to drop charges) was corrupt — not just bad or unexplainable," he said. "Traded favors is not enough for corruption. It has to be money. And there's no indication of that here." While U.S. attorneys can in principle look into whatever they want, Bertocchi said, accepted practice is that they need some indication an actual crime was committed. "You can't just investigate someone willy-nilly." The suspicions about the Smollett charges were shared by many in Chicago, including Mayor Rahm Emanuel, who has led official voices of outrage, telling reporters that "something is rotten in Denmark." The city said Thursday it is seeking $130,000 from Smollett to cover the costs of the investigation into his reported beating. The Illinois Prosecutors Bar Association on Thursday issued a scathing critique of Cook County prosecutors. The group said State's Attorney Kim Foxx and her representatives "fundamentally misled the public on the law and circumstances surrounding the dismissal." "The manner in which this case was dismissed was abnormal and unfamiliar to those who practice law in criminal courthouses across the State," it said. The critique also highlighted what it called the "uncontested sealing" of the case, saying Cook County prosecutors had "falsely informed the public" that the action was mandatory under Illinois law. The fact that Tuesday's hearing was not put on the public court schedule and other factors added to an "appearance of impropriety," according to the bar association, which said Cook County prosecutors had "fallen woefully short" of legal ethics. The Arlington, Virginia-based National District Attorneys Association also weighed in, saying in a statement that aspects of the case may have run afoul of best practices, including the decision to abandon the charges without forcing Smollett to accept some degree of guilt. The group alluded to Foxx's decision to recuse herself before Smollett was charged because she had discussed the case with a Smollett family member. If the chief prosecutor withdraws, it said, the best practice is for the whole office to step away from a case and to appoint a special prosecutor. Foxx defended her office's decisions. Even if a trial had been held, Smollett would never have received a prison term because the 16 charges were the lowest form of felony. And if he pleaded guilty, it would have been to one count, not 16, she said. "For all of the noise and all of the media attention, it's a step up from a misdemeanor," she told Chicago television station WGN. Most comparable cases are resolved with probation or an agreement such as Smollett's if the defendants "don't have a long rap sheet or a violence in their background." ___ Follow Michael Tarm on Twitter at http://twitter.com/mtarm ___ Check out the AP's complete coverage of the Jussie Smollett case.<doc-sep>Despite all charges being dropped against Empire star Jussie Smollett Tuesday, the actor reportedly still faces an FBI investigation for mail fraud. Fox News reported on air Tuesday that the FBI is still looking into Jussie Smollett allegedly sending himself a death threat letter through the mail. “A spokesperson for the FBI, we just reached out to, and they tell us ‘no comment.’ All along, the FBI–which is, you know, usually very quiet, did not weigh in on their investigation,” an FNC reporter said on air. “But, Jussie Smollett, according to Chicago police, allegedly sent himself a death threat letter just one week prior to the alleged hoax,” the reporter continued. “Chicago police allege…when that letter didn’t get enough traction or enough attention, he decided to carry out with this alleged hoax. If the FBI determines that Jussie Smollett did send that letter to himself, he faces a charge of mail fraud, which is pretty substantial. Five to ten years in prison. Chicago police did tell us all along that the FBI is investigating that letter. The FBI just won’t confirm to us.” This aligns with reporting from ABC7 Chicago, which confirms that Smollett is still being investigated by the FBI. What was also noteworthy about this news conference with Chicago police was that Johnson also said Smollett was responsible for the threat letter sent to Fox studios in Chicago. That’s an FBI case still on going. https://t.co/Ii6DCbmCTF — Rob Elgas (@RobElgasABC7) March 26, 2019 News broke Tuesday that all charges related to Smollett allegedly staging a fake attack against himself in January were dropped.<doc-sep>President Donald Trump tweeted Thursday morning that the FBI and the Department of Justice would re-examine the case against actor Jussie Smollett, two days after Chicago prosecutors dropped all charges against him and expunged the arrest record of the Empire co-star. It wasn't clear if Trump was annoucing an investigation had been opened, or if he was suggesting that an investigation should be opened into Smollett's claims that he was attacked by two men who threw a noose around him and doused him in bleach. The FBI's Chicago office did not have a comment for Newsweek when asked whether it had opened an investigation, while the Department of Justice declined to comment. Can the FBI open the Smollett case after Chicago prosecutors dismissed it? Does the Fifth Amendment's protection against double jeopardy—trying the same person twice for the same crime—apply here? No, because Smollett was never brought to trial for his alleged crimes, so there was never a conviction or acquittal; he was simply cleared of the charges against him. For the FBI to open a case, it must have reason to believe there was, or will be, a violation of federal law, according to former assistant director of the FBI criminal investigation division Ron Hosko, as reported by The Wall Street Journal in September. According to the FBI website, the first step in deciding whether or not a crime should be investigated involves a briefing process that explores if a federal offense has been committed, which is not always easy to determine. Take robbery as an example: "Robbery...is outlawed in every state, but it is not a federal offense unless there is some connection with the federal government, such as the robbery of a federally insured bank," the FBI explains on its website. While Smollett's potential case was high-profile and remarkably rare—if he did what he was accused of, specifically faking a hate crime, which would be classified as a hoax—investigators may have difficulty finding a federal allegation. Issuing a "hoax threat" could be a federal crime, per the FBI, though this particular violation involves the making or sending of violent threats, not making false claims of an attack to a municipal police department. The Justice Department also investigates allegations of public corruption, even at the state and local level, if it involves possible violations of federal law. In the Smollett case, the the Justice Department could possibly look into Kim Foxx, the Cook County state's attorney, if it found reason to believe that the decision to drop the charges may have violated the law. Before Trump's tweet about Smollett, the Chicago Police Union accused Foxx in a Monday Facebook post of acting illegally, and called for a federal investigation. Some Chicago law enforcement officers also planned a protest against Foxx at a public rally on April 1. This article has been updated to include the Department of Justice's "no comment" response.<doc-sep>Photo : Nuccio DiNuzzo ( Getty Images ) President Trump has added his voice to the dissenters of those unhappy with the recent dropping of all charges in Empire actor Jussie Smollett’s alleged “MAGA country” beating. In an early morning tweet on Thursday, the president said that the FBI and the U.S. Department of Justice would review the case, calling it “outrageous” and “an embarrassment to our Nation!” Advertisement Yes, the global embarrassment to our nation is upset with the local embarrassment for allegedly paying to have his ass beat and then lying about the ass beating to the police and then using that beating to desecrate Tupac’s thug name and then allegedly using his influence behind the scenes to skate free of charges for setting up the ass-whopping. According to the Chicago Tribune, while Trump didn’t specify which agency would be looking into the “gay Tupac’s” walk to freedom, the Fraternal Order of Police is calling for a federal investigation into State’s Attorney Kim Foxx’s handling of the case involving “I fought the fuck back!” Let’s break down the case, shall we? Smollett claimed that he got hungry and decided to walk to Subway in the Chicago cold, which is always hovering around negative 24 degrees. On Subway’s best day—where the bread has been freshly baked and is piping hot coming out of the magical stainless steel bread thing—a Subway sandwich, at best, is a stop on the way home. No one is leaving his home in temperatures cold enough to make a polar bear throw on a mink to get a Subway sandwich. Smollett claimed that he was attacked by two men yelling racist and homophobic slurs. Random attacks happen. Random attacks against gay people absolutely happen. Do you know how much hate you have to have in your heart (assuming you have one) to attack a man in -24 degree weather? Also to open your mouth in -24 degree weather so that cold air can enter your esophagus and freeze your damn intestines? Advertisement Smollett claimed that his attackers poured a chemical on him and tied a noose around his neck. So now Smollett’s attackers have props in -24 degree weather because they’ve been stalking him for their planned attack. Was Smollett interested in buying C-SPAN? Am I missing some of Smollett’s philanthropic work when he’s not pushing his music career? Was Smollett leaving the set of Empire only to ghostwrite parts of Rep. Alexandria Ocasio-Cortez’s Green New Deal? Surely there has to be some reason that these alleged attackers sat on Smollett’s house waiting for him. Was his role as Lucious Lyon’s son that powerful? That’s a serious question as I stopped watching the show after this scene: Now that we’ve solved the case, let’s get back to it.... From the Tribune: During the police investigation, Foxx reached out to a relative of Smollett concerned about leaks, and then contacted Chicago police superintendent Eddie Johnson. Weeks later, Foxx said she recused herself from the case not long before Smollett was charged with filing a false police report. Smollett was later indicted on 16 counts of disorderly conduct on charges he staged the attack, but in a sudden reversal Tuesday, prosecutors dropped all the charges at an unannounced court hearing. Foxx insisted she had no role in the dismissal but defended the move, saying her office often handles cases in a similar fashion for defendants with nonviolent backgrounds — an assertion that a number of Chicago attorneys contacted by the Tribune disputed. Foxx told the Tribune Wednesday she would never have gotten involved if she knew Smollett would later be deemed a suspect and not a victim. “I’ve never had a victim that turned into a suspect,” she said. “In hindsight as we see (how) all of it has played out, you know, is there regret that I engaged with the family member? Absolutely.” Advertisement The FBI is already looking into a threatening letter that was sent to the actor a week before the attack since they have jurisdiction over crimes involving the U.S. Postal Service. Chicago Police Superintendent Eddie Johnson told the Tribune that the letter was about as real as the allegedly staged attack. But now that Trump is on the case, expect this all to be solved in days, assuming, of course, that Smollett has no ties to Russian oligarchs. Then we can assume that this will be investigated and the findings will be turned over the attorney general who will issue a paragraph to Congress noting that there was no collusion between Smollett and two buff Nigerian brothers who don’t seem to own shirts.<doc-sep>
WASHINGTON – President Donald Trump said Thursday he would have the FBI and the Justice Department review "Empire" actor Jussie Smollett's case, even as Chicago residents said the president should stay out of the racially charged incident. "I think that case is an absolute embarrassment to our country, and somebody has to at least take a very good hard look at it," Trump told reporters at the White House, echoing a tweet he sent earlier in the day. Trump did not explain what, if anything, federal authorities could do about Smollett after local prosecutors in Chicago decided to drop the case against him. Later, while speaking to a crowd of thousands at a political rally in Michigan, Trump denounced the case and Smollett's claim he "was attacked by MAGA country." Trump called it an "embarrassment not only to Chicago, but to our entire country." He said the case marked the first time he could remember agreeing with the city's mayor, Rahm Emanuel, who has been blasting prosecutors for dropping the charges against Smollett. Trump's critics said the president is playing racial politics with the Smollett case, seeking to undercut the victims of real racial violence that is on the rise. "By claiming a false attack, Smollett tried to exploit the hate @realDonaldTrump has stirred," tweeted David Axelrod, former adviser to President Barack Obama. "Now, predictably, Trump is moving to exploit Smollett’s exploitation. Talk about a vicious circle!" Chicago Mayor Rahm Emanuel, citing Trump's history of race relations, said the president should “sit this one out.” Start the day smarter:Get USA TODAY's Daily Briefing in your inbox The FBI has been investigating at least one matter in the Smollett case for weeks. The agency began probing whether Smollett had any role in sending a threatening letter that was mailed to the actor at the Chicago studio where “Empire” is filmed a week before the alleged assault, a federal government official who has been briefed on the investigation told USA TODAY. FBI officials in Chicago declined to comment. The letter, which was received on Jan. 22, contained a white substance that was later determined to be acetaminophen, or Tylenol. Prosecutors in Chicago announced Tuesday they were dropping disorderly conduct charges against Smollett for filing a false police report. The decision came less than three weeks after the actor was indicted on charges that he paid two men to stage a hoax attack to make him look like the victim of a racist hate crime. Smollett’s legal team objects to comments to the media made by Cook County State’s Attorney’s Office officials, saying prosecutors and police are "continuing their campaign" against the actor. Prosecutors said they’ve dropped the charges, but insist that doesn't mean Smollett was exonerated of wrongdoing. News of the dropped charges outraged a variety of lawmakers, including Mayor Emanuel and Chicago Police Superintendent Eddie Johnson. "This is a whitewash of justice," Emanuel declared. "It’s Mr. Smollett who committed this hoax. He’s still saying he's innocent, still running down the Chicago Police Department. How dare he? How dare he?" A frequent critic of Trump, Emanuel said Thursday the president shouldn't get involved in the case. Citing Trump’s comment that there were good people on "both sides" during a 2017 demonstration by white supremacists in Charlottesville, Virginia, Emanuel said the president has created a racially divisive environment that Smollett thought he could use to his advantage “Jussie Smollett thinks that hate-filled environment that the president created, pinning one American against another because of their background ... he thought he could take advantage of and create a hoax (through) a hate crime” Emanuel said. “It’s a vicious toxic environment and cycle. I want to break it.” The Emanuel administration also said Thursday that the city of Chicago would seek to recover $130,000 in overtime costs the police department spent on Smollett investigation. The mayor said that would bring a measure of justice for Chicagoans who feel offended that prosecutors treated the actor with leniency that wouldn’t have been afforded to others charged with such a crime. “I want clarity, I want accountability I want responsibility for a hoax that was committed,” Emanuel said. The president and his allies have frequently attacked Smollett, accusing him of trying to implicate Trump supporters in the alleged attack on him. Last month, Trump invoked his campaign slogan "Make America Great Again" in tweeting at Smollett: "What about MAGA and the tens of millions of people you insulted with your racist and dangerous comments!? #MAGA."