Despite the hate crime hoax charges against him being stunningly dropped on Tuesday, “Empire” star Jussie Smollett may not be out of the woods just yet. An investigation into a death threat letter the actor supposedly received prior to the alleged Jan. 29 attack has been handed over to the FBI, Chicago Police spokesperson Anthony Guglielmi told Fox News. Smollett initially had been suspected as the source of the letter. “The U.S. Postal Inspection Service is working closely with our law enforcement partners on this investigation,” the U.S. Postal Service said in a statement to Fox News. “We are unable to provide any additional comment at this time.” Chicago cops previously said Smollett allegedly resorted to staging the "bogus" attack after the threatening letter he sent himself at his Chicago Fox studio two weeks earlier didn't garner enough attention. "If he mailed that threatening letter to himself by using the post office, he engaged in postal fraud. That's five to 10 years in jail — that's three times what he's facing for filing a false report if the feds want to go there," Fox News legal analyst Judge Andrew Napolitano said. Smollett told police he was attacked by two masked men as he was walking home from a Chicago Subway sandwich shop at around 2 a.m on Jan. 29. CLICK HERE TO GET THE FOX NEWS APP The actor, who is black and openly gay, said the masked men beat him, made derogatory comments and yelled "This is MAGA country" — an apparent reference to President Donald Trump's campaign slogan, "Make America Great Again." Smollett initially was charged last months with one count of lying to the authorities. A grand jury later indicted him on 16 felony counts of lying to authorities: eight counts for what he told the officer who responded to the report of the Jan. 29 attack in downtown Chicago, and eight counts for what he later told a detective about being the victim of a brutal racist and homophobic beating by two masked men. Fox News’ Madelin Fuerste, Matt Finn, Jessica Sager, Elizabeth Zwirz, Barnini Chakraborty and Tyler McCarthy contributed to this report.<doc-sep>President Trump Donald TrumpTrump lashes out after grand jury seated for New York criminal probe Schumer tees up vote on Jan. 6 commission bill Senators struggle to save Jan. 6 commission MORE in an early morning tweet on Thursday said the FBI and Department of Justice (DOJ) will review the “outrageous” case against “Empire” actor Jussie Smollett. “FBI & DOJ to review the outrageous Jussie Smollett case in Chicago,” the president said. “It is an embarrassment to our Nation!” he added. FBI & DOJ to review the outrageous Jussie Smollett case in Chicago. It is an embarrassment to our Nation! — Donald J. Trump (@realDonaldTrump) March 28, 2019 ADVERTISEMENT The president did not provide details, but two unidentified law enforcement officials told ABC7 in Chicago that FBI agents are reviewing the circumstances around the dismissal of charges against Smollett. The 36-year-old performer had been charged with disorderly conduct for allegedly filing a false report after he told Chicago police he was the victim of a racist and homophobic attack. Prosecutors dropped the charges on Tuesday in a twist that sparked allegations of “leftist privilege” by some conservatives. "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 Cook County State's Attorney's Office said in a statement. "We stand by the Chicago Police Department’s investigation and our decision to approve charges in this case," the statement continued. Smollett's attorneys said the actor's "record has been wiped clean" in a statement released Tuesday. Smollett had told Chicago police in January that he was assaulted by two men who beat him, placed a rope around his neck and poured an unknown chemical substance on him as they yelled racial and homophobic slurs. He later told authorities that the two alleged assailants also shouted the pro-Trump phrase, “This is MAGA country!” Chicago police originally said they considered Smollett the victim of a "possible hate crime," but later accused him of arranging the attack against himself and paying two men to stage it. “This stunt was orchestrated by Smollett because he was dissatisfied with his [‘Empire’] salary,” Chicago Police Superintendent Eddie Johnson said in February during a news conference. “Do I think justice was served? No,” Johnson said on Tuesday. “I think this city is still owed an apology,” he added. Illinois Attorney General Kwame Raoul (D) was reportedly asked to review the “integrity” of the case on Wednesday.<doc-sep>Federal investigators are reportedly working with the U.S. Postal Service to figure out whether Jussie Smollett had a hand in sending the racist letter he received prior to the alleged hate crime, meaning the actor could still face charges. Prosecutors may have decided to drop their case against Jussie Smollett, but the “Empire” actor may still face other charges. Chicago police have handed their investigation into the threatening letter Smollett received before the alleged Jan. 29 attack over to the FBI, a police spokesperson told Fox News. The United States Postal Service also confirmed the existence of an investigation into the letter, saying in a statement to the network that their organization is “working closely with our law enforcement partners on this investigation.” Smollett, 36, received a threatening letter that used racist and homophobic language one week before he allegedly became the victim of a hate crime. Smollett initially told police that two men attacked him outside of a Subway shop, hitting him and using racist and homophobic slurs during the confrontation and leaving a noose around his neck. Smollett’s case seemed to unravel, however, as police initially failed to find footage of the alleged attack on any security cameras. Prosecutors charged Smollett with filing a false police report after police interviewed two brothers who worked with Smollett on “Empire,” who claimed that the actor paid them to stage the attack. Smollett, 36, was cleared of all 16 counts on Tuesday, a move that has sparked immense backlash from local politicians and law enforcement. Chicago mayor Rahm Emanuel called the dropped charges a “whitewash of justice” and, later, an “abomination.” “It makes no legal sense. It makes no common sense. And this is an abomination of my sense of justice,” he told CNN, according to Page Six. However, the state’s attorney’s office are standing by the controversial move. Tandra Simonton, spokesperson for Cook County State’s Attorney Kimberly Foxx, said in a statement obtained by NBC News that Smollett’s case was handled the same way any other defendant’s would be. “We did not exonerate Mr. Smollett,” Simonton said. “The charges were dropped in return for Mr. Smollett’s agreement to do community service and forfeit his $10,000 bond to the City of Chicago. Without the completion of these terms, the charges would not have been dropped. This outcome was met under the same criteria that would occur for and is available to any defendant with similar circumstances.” Foxx recused herself from the case early on, with the office explaining then, in a brief statement, that the decision was made “to address potential questions of impartiality based upon familiarity with potential witnesses in the case,” according to NBC News. Tina Tchen, an attorney and former chief of staff for Michelle Obama, reached out to Foxx about the case mere days after the alleged Jan. 29 attack on behalf of the Smollett family, who were reportedly worried about details of the investigation being leaked to the press, the Chicago Sun-Times reported earlier this month. Following a conversation with a Smollett family member, Foxx then asked police to consider handing the case over to the FBI. First Assistant State's Attorney Joseph Magats, who was handed the case after Foxx recused herself, said Tuesday that Foxx’s previous conversations with the Smollett family did not effect their ultimate decision to drop the charges, the Chicago Sun-Times reports. Magats also pressed that the charges being dropped did not mean that Smollett had been the victim of a crime, nor did it mean that there was anything wrong with the police investigation into the matter, according to the paper. “We stand behind the CPD investigation done in this case, we stand behind the approval of charges in this case. They did a fantastic job,” he said. “The fact there was an alternative disposition in this case is not and should not be viewed as some kind of admission there was something wrong with the case, or something wrong with the investigation that the Chicago police did.” A judge has sealed the case without providing any explanation to the public, according to the Chicago Tribune, leaving many questions unanswered. Law enforcement officials seem widely displeased with the prosecution’s decision to drop the charges against Smollett. The Fraternal Order of Police, a Chicago-based organization, said in a statement to NBC News that they were “outraged” by the decision and again called for federal investigators to look into Foxx’s role in the case. (They previously called for an investigation into Foxx earlier this month.) Chicago police seem similarly furious, with Police Superintendent Eddie Johnson stating during a press conference Tuesday that he does not believe that justice was served, according to ABC News. Smollett owes the city of Chicago an apology, he reportedly suggested. “At the end of the day, it’s Mr. Smollett who committed this hoax, period,” he said. “I heard that they wanted their day in court with TV cameras so America could know the truth, and they chose to hide behind secrecy and broker a deal to circumvent the judicial system.” Smollett, for his part, has maintained his innocence throughout proceedings. Following news that the charges against him had been dropped, Smollett addressed reporters outside a courtroom following an emergency hearing, the Associated Press reports. “I have been truthful and consistent on every single level since day one,” he said.<doc-sep>Click to email this to a friend (Opens in new window) The FBI reportedly launched a probe Wednesday to get to the bottom of Chicago prosecutors’ secret deal to drop all charges against Jussie Smollett even though they insisted they had the evidence for a conviction. The federal investigation kicked off one day after the Cook County State’s Attorney’s Office abandoned its 16-count felony indictment against the “Empire” star with no warning and little explanation, reported Chicago ABC affiliate WLS-TV, citing law-enforcement sources. The report came as State’s Attorney Kim Foxx defended the bombshell decision to walk away from the prosecution — even as she maintained her office had an airtight case. “Based on the facts and the evidence . . . this office believes that they could prove him guilty,” Foxx told WLS. But she added of prosecutors’ decision to let Smollett walk free with no more than the forfeiture of his $10,000 bail and 16 hours of community service, “I believe this is a just outcome based on the circumstances.” The latest twist in an already whirlwind saga came as Foxx’s office bizarrely insisted that she did not “formally” recuse herself from the case — she only did so “colloquially.” The revelation regarding Foxx’s decision last month adds to the growing mystery behind prosecutors’ surprise decision to drop the case. State’s attorney spokeswoman Keira Ellis said Foxx “informally separated herself from the decision-making over the case” and did so “in an abundance of caution.” Foxx indicated she was stepping aside because, just days after the Jan. 29 alleged attack, she was put in touch with a member of Smollett’s family through Tina Tchen, a Chicago lawyer and former First Lady Michelle Obama’s chief of staff, and tried to get the FBI to take over the probe. The case was then passed over to First Assistant State’s Attorney Joe Magats, who announced the dismissal of charges Tuesday but made it clear, “I do not believe he is innocent.” Foxx is under fire by critics who say she should have recused her entire office from the case and gotten a special prosecutor to take over. But Ellis said Foxx wasn’t required to do that by law. “The State’s Attorney did not formally recuse herself or the Office based on any actual conflict of interest,” she said. “As a result, she did not have to seek the appointment of a special prosecutor.” Ellis also clarified, “Although we used the term ‘recuse’ as it relates to State’s Attorney Foxx’s involvement in this matter, it was a colloquial use of the term rather than in its legal sense.” Asked whether Foxx is under investigation, the Illinois Attorney General’s Office, which investigates public corruption, declined to comment. Meanwhile, Smollett could still face federal charges. The FBI worked closely with Chicago police from the outset of the alleged hoax hate-crime investigation — leaving open the possibility that he could still face federal charges, such as obstruction of justice, conspiracy, mail fraud or mailing threatening communications. The decision lies in the hands of John Lausch, who was nominated by President Trump as the US attorney of the Northern District of Illinois. Mail fraud alone carries up to 20 years behind bars. The US Attorney’s Office didn’t return messages.<doc-sep>
The FBI has begun probing into the reasons why prosecutors dropped all charges against Jussie Smollett on Tuesday, Page Six reports. Smollett’s attorneys revealed that morning that the 16 felony counts Smollett had faced for filing a police report had been dropped and that his record had been totally cleaned. Cook County State’s Attorney Kim Foxx defended her decision to drop the charges, according to Page Six. “I believe this is a just outcome based on the circumstances,” Foxx said. In a statement outside the courthouse on Tuesday, Smollett said he has been “truthful and consistent” since day one. “This has been an incredibly difficult time. Honestly one of the worst of my entire life,” the Empire actor said. “But I am a man of faith and I am a man that has knowledge of my history and I would not bring my family, our lives or the movement through a fire like this. I just wouldn’t.” Chicago Mayor Rahm Emanuel did not agree with prosecutor’s decision either, calling it a “whitewash of justice” and asking, “Is there no decency in this man?” Police superintendent Eddie Johnson similarly questioned whether justice was served and said, “I think this city is still owed an apology.” Smollett originally told police that he was the victim of an alleged racist and homophobic attack in the early hours of Jan. 29 near his Chicago home. He said the attackers yelled that this was “MAGA country.” He also said that the attackers poured bleach on him and put a rope around his neck. Police later alleged that Smollett paid two brothers, Ola and Abel Osundairo, $3,500 to carry out the attack. The Osundairo brothers also told police Smollett paid them to carry out the attack. Smollett was eventually charged with filing a false police report after Chicago PD spoke to the brothers. The charge was a class 4 felony, which has the possibility of a 3-year sentence. Smollett turned himself in on February 21 and was later released on $100,000 bail. He was forced to surrender his passport due to being deemed a flight risk. A grand jury indicted Smollett on 16 counts of filing a false police report, as the jury counted each separate part of the story — that two men hit him, that they yelled racial and homophobic slurs, etc. — as a separate falsehood. As Chicago PD investigated the case, Empire announced they could cut Smollett from the final two episodes of the show’s fifth season. An episode that aired in March after news of Smollett’s indictment was the lowest-rated episode in the show’s history. RELATED | Don’t Be So Quick to Trust the Chicago Police Department