Friday, December 10, 2021

The politics of Jussie Smollett

CORRECTION: The original post stated that the charges against Smollett were misdemeanors.  In fact, each of the six charges against him were for Disorderly Conduct, each count representing a separate instance of allegedly lying to police.  Disorderly Conduct is a Class 4 felony in the State of Illinois.  I've corrected and revised the post.

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A jury in Chicago has found actor Jussie Smollett guilty of all but one of the criminal charges against him, all of which are Class 4 felonies.  It was politics, most of the way down:

  • His criminal act, staging a fake hate crime and then lying to police about it, was motivated by his politics, probably coupled with a desire to raise his public profile
  • When his hoax unraveled, the original decision by the local State's Attorney (that's what Illinois calls its district attorneys) not to pursue criminal charges against Smollett never has been explained to the public, but it may also have been a political calculation on the part of Cook County's progressive State's Attorney, who was preparing for a re-election bid
  • The subsequent decision to reinstate the charges against Smollett, following an independent review of the case which was initiated in the wake of public outcry after charges had been dismissed, almost certainly was politically motivated.  The Chicago police, local and national media, and local public opinion all lined up against Smollett
  • The State's Attorney's office didn't prosecute Smollett with one of its staff attorneys; it brought in former US Attorney Dan Webb, a very big gun to try a defendant facing a handful of minor charges.  The decision to hire Webb also seems to have been politically motivated, as the State's Attorney didn't want to bungle such a high profile trial
  • The trial and verdict ... well, they don't strike me as particularly political.  From what I can tell from this distance, the jury probably came to the right decision
As for the sentencing, I guess we'll have to wait and see.  According to sentencing guidelines, Smollett could be facing anything from probation to three years in prison.  A lawyer friend tells me that your everyday, run-of-the-mill first time defendant found guilty of minor charges almost certainly wouldn't be given jail time.  

But there is practically nothing about Smollett's case which is run of the mill.  But I hope the judge treats him like any other defendant, slaps him on the wrist once or twice, perhaps levies a fine, and lets him get on with his life outside prison walls.  His career already has been wrecked.  I hope that suffices for angry Chicagoans who have been demanding a pound of Jussie Smollett's flesh.  It's enough for me.

5 comments:

  1. I'm with you, I hope the judge treats him like any other defendant.
    It reminds me a little of a local incident a few years ago. A guy claimed that he had a purple cross because he had been injured when he was a Navy Seal. He was going around giving presentations to schools and things like that. Turns out that he didn't have a purple cross and, while he had been in the Navy, had never been a Seal. I guess the real Seals have people who check out stories like that, and their wrath came down on him. I don't think he served jail time, but his story got blown out of the water.

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    1. "Purple cross", I mean purple heart.

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    2. Katherine, yes I've heard of a similar story a few years ago - may even have been the same one. I understand the Seals do make a point to "out" the phonies.

      One of the dangers of lying is it can set off chains of events which render the circumstances far outside the liar's ability to control. Then they are sort of trapped in their own lie; it's hard for people to face the shame (and other repercussions) of admitting that they lied.

      I think that may be what happened to Smollett. One of the things which came out at trial is that he received some hate mail (which I can easily believe, as he is a gay Black man and there are haters in the world), but he thought the studio didn't take it sufficiently seriously. So, the theory goes, he staged the fake attack to prove to the studio that the threat was real. It seems likely that he didn't foresee that the story would develop as it has. Once it became clear that the attack was fake, the national news already had picked up on the story, and various public figures had voiced their support for the "victim". Smollett may not have seen a way of exiting gracefully and truthfully from that situation.

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  2. He should be treated like anyone else who files a false police report.

    But his behavior has hurt efforts to raise awareness of the r laity of the increased risks of unprovoked violent attacks that all African American face. Too many whites who are in denial about racism will use this as a way to continue to deny the sad reality of the impacts of racism, including heightened fear in everyday life, in the lives of minorities, including gays, in America. Hate crimes are real. He has done a disservice to all hate crime victims.

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    1. Yes. That's exactly what he did. Provide an out for white Americans to dismiss a real problem. Ultimately, we need to base our judgements on studies showing that these things are real and endemic. You can't hang public policy on sensationalist reportage of individual incidents by newsoids (as opposed to journalists).

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