Interesting times in Cook County, Illinois. The local elected State’s Attorney is currently under investigation by a special prosecutor for her handling of a celebrity prosecution. She acknowledged a conflict and publicly claimed to recuse herself from the case. She never recused her office and subsequently it was learned that she never actually fully walked away from the case. Ultimately the case was hurriedly brought to court without any notice to interested parties and dismissed. In the aftermath it became clear that this case was not handled consistent with any established protocol. Further embarrassment resulted when an internal email asking prosecutors to forward information about any other cases disposed of in a similar manner was leaked to the public. After promising full cooperation and transparency, the prosecutor Kim Foxx has engaged outside counsel for the State’s Attorney’s Office and for herself. Maybe her vow of transparency and cooperation will compel her to explain why outside counsel is needed for the prosecutors office and who’s paying for it. While she’s at it, perhaps she can explain why she needs outside counsel to cooperate with the special prosecutor. Under normal circumstances the Attorney General would represent the State’s Attorney or her office when there is a conflict. Why isn’t the Illinois Attorney General representing Ms. Foxx and/or her office? Especially in light of her claims to be transparent and cooperative. Could her refusal to explain her response to this investigation have anything to do with her March primary? Is she trying to run out the clock so voters don’t have any answers or insight about this investigation before they vote? Here’s the most interesting question bouncing through Chicago’s legal community-if Ms. Fox is subpoenaed to appear in front of a Grand Jury to answer questions or explain her actions will she assert her rights under the 5th Amendment? Imagine that, a prosecutor taking the 5th. Who could have envisioned that when the Cook County Board President and leader of the Cook County Democratic Party hand selected a lawyer who had let her law license lapse and had little practical legal experience to be the person to run one of the largest prosecutor’s office in the country that we would end up watching a special prosecutor unravelling a mess? In a campaign commercial Ms. Foxx dismisses the mishandled case and claims that she “owns that.” Instead of playing beat the clock and dragging out the investigation until the primary is over, Ms. Foxx should do what she once claimed and cooperate and be transparent. Then and only then can she truly own it.
Vita in Lega