Judge Bars Police From Releasing Further Smollett Case Files

CHICAGO — A Cook County judge has ordered the Chicago Police Department to halt the dissemination of case files and any information related to the Jussie Smollett case. The order was issued after several media outlets obtained the actor's police files Wednesday morning through the Freedom of Information Act.

Police said the FOIA department is not even allowed to send copies of the files that were already released to the public.

All charges against Smollett were dropped at a court hearing Tuesday morning, a decision that both Mayor Rahm Emanuel and Chicago police Supt. Eddie Johnson called a "whitewash of justice."

The legality of the prosecution's role in dropping charges was questioned following revelations of text messages sent between Cook County State's Attorney Kim Foxx and Smollett's private attorney.

Several news outlets submitted public records requests and obtained records of the police investigation into Smollett (Read part one and part two from WLS-TV.) However the ban on the files was put in place beginning at 9:30 a.m. Wednesday, the Chicago Police Department said.

The Cook County Circuit Clerk's Office has not responded to a request for more information about the order.

In a press conference Tuesday, Johnson said that Smollett chose to "hide behind secrecy and a brokered deal to circumvent the judicial system."

Smollett's legal team said Chicago police have been responsible for disseminating misinformation. In a statement released Tuesday, the actor's attorneys said he "was a victim who was vilified and made to appear as a perpetrator as a result of false and inappropriate remarks made to the public causing an inappropriate rush to judgement."

A spokesperson for the Cook County State's Attorney's Office released the following statement after the charges were dropped:

"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."

Smollett, who is gay and biracial, claimed he was attacked in Chicago's Streeterville neighborhood Jan. 29 by men who yelled homophobic and racial slurs at him. Smollett said they doused him with a chemical and put a noose around his neck. The actor also claimed that, during the attack, the men called out, "This is MAGA country," a reference to President Donald Trump's campaign slogan.

Johnson said Smollett paid two brothers $3,500 to stage the attack, with a promise of $500 after it. Smollett has denied that charge, and at a press conference after his court appearance Tuesday, Smollett said he's been "truthful and consistent on every level since day one."

Chicago Fraternal Order of Police president Kevin Graham has requested that a federal investigation be launched into the legality of Foxx's actions in the Smollett case.

Foxx's office said that the outcome of Smollett's case — alternative prosecution — is not an unusual one. The office emphasized that the actor was not exonerated.

"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," the state's attorney's office said in a statement. "This outcome was met under the same criteria that would occur for and is available to any defendant with similar circumstances."

Smollett's attorneys are expected to request an expungement of his records in a hearing Thursday.