First Assistant State’s Attorney Joseph Magats, the man who decided to drop 16 felony charges against Jussie Smollett, never had the legal authority to act in his boss Kim Foxx’s stead, internal agency correspondence shows.
A trove of documents obtained by The Post and others through a public records request reveal that high ranking members of Foxx’s team sought advice on the legal authority behind her recusal after it was made public on Feb. 19.
Alan Spellberg, the county’s Criminal Appeals Division Supervisor, sent an email to Chief Deputy State’s Attorney and Chief Ethics Officer April Perry and senior adviser Robert Foley on Feb. 20 citing legal precedence behind recusals.
“My conclusion from all of these authorities is that the [sic] while the State’s Attorney has the complete discretion to recuse herself from any matter, she cannot simply direct someone (even the First Assistant) to act in her stead,” Spellberg wrote.
(Excerpt) Read more at pagesix.com ...
OK... so now what....let's lock him up again and put him in the same cell as Foxx.....no problem as Jussie is as queer as a $3 bill!
A trove of documents obtained by The Post and others through a public records request reveal that high ranking members of Foxx’s team sought advice on the legal authority behind her recusal after it was made public on Feb. 19.
Alan Spellberg, the county’s Criminal Appeals Division Supervisor, sent an email to Chief Deputy State’s Attorney and Chief Ethics Officer April Perry and senior adviser Robert Foley on Feb. 20 citing legal precedence behind recusals.
“My conclusion from all of these authorities is that the [sic] while the State’s Attorney has the complete discretion to recuse herself from any matter, she cannot simply direct someone (even the First Assistant) to act in her stead,” Spellberg wrote.
(Excerpt) Read more at pagesix.com ...
OK... so now what....let's lock him up again and put him in the same cell as Foxx.....no problem as Jussie is as queer as a $3 bill!