On this 10th day of December, 2021 we are one day past the Cook County, Illinois conviction of Jussie Smollet on 5 of the 6 counts of felony disorderly conduct on which he was tried (belatedly) nearly 3 years after his infamous faked “attack” by persons alleged to be homophobic, racist Trump supporters. The title to this Article may be viewed as silly though it is intended to be pointedly sarcastic. No one will march for the disgraced, disgraceful Jussie Smollet. Familiar race-baiting faces (Al Sharpton is one.) will not vie for camera position alongside Jussie during a dramatic press conference. There will be no press conference nor any (more) drama. At most there may be some inappropriate whimper that Jussie is still a victim of White Supremacy on the theory that a White guy (like Kyle Rittenhouse) could have been acquitted while poor Jussie had no chance.
What should become of Jussie? First, let’s agree that his celebrity is fully expended. Second, let’s agree that Hollywood is better off without Jussie as we are better off not having to see his face on television or on the “big screen” of movie features. But what of his sentencing for his crimes? Some may note that: Jussie has no prior felonies; his crime involved no firearms; and his crime involved only superficial injury to Jussie and none to anyone else.
But in the view of the CLB Jussie’s crime inflicted substantial collateral damage, ripping a tear in the fragile fabric of race relations in America. Such damage is slow to mend if it mends at all. Jussie also damaged or attempted to damage “straight” versus LGBTQ relations and the perception of Trump supporters. To the CLB the least forgivable damage was to race relations. White Bubbas and Karens who are quick to disbelieve the police report or trial testimony of a Black man now have one more example to support their misbegotten notion. The next Black person presumed to be a liar while speaking only truth is among the victims of Jussie Smollet.
The CLB’s unsolicited advice to Jussie is that he pay the City of Chicago’s civil claim (for police salaries) prior to sentencing. Then he should: start telling the truth; take responsibility; and apologize, deeply and sincerely. He should also begin volunteering at the soup kitchen or other venue of community service. Admitting his outrageous lies will not jeopardize his appeal. The reason is that an appeal asserting that Jussie testified truthfully while everyone else lied is dead on arrival.
Still, Jussie may have a double jeopardy appeal. If memory serves, the “deal” with States’s Attorney Kim Foxx to dismiss the initial round of charges included Jussie paying some token fine (without an admission of guilt). If Jussie paid a fine he was punished such that double jeopardy bars additional punishment. ¹ Jussie’s lawyers should forget about the pathetic claim of innocence and focus on reversible error. If the CLB had a vote it would be for an executed sentence of imprisonment subject only to a double jeopardy appeal.
___________
¹ Double jeopardy bars both successive trials (generally) and successive punishments. United States v. Halper, 490 U.S. 435, 440 (1989). Moreover, even a “civil” sanction can be punishment for double jeopardy purposes. Id. at 448-450.
Leave a Reply