Judge rules Jussie Smollett is no longer in the clear

Former “Empire” actor Jussie Smollett could once again be facing charges in the case of his alleged false report of a hate crime that it later was thought to be orchestrated by the actor himself.

According to Page Six since Smollett wasn’t acquitted, but rather had the charges dropped, he could still be charged again.

Judge Michael Toomin wrote that Smollett’s case was rife with “unprecedented irregularities” that he believes could warrant the appointment of an independent “to restore the public’s confidence in the integrity of our criminal justice system” after a series of questionable moves from Chicago State’s Attorney Kim Foxx’s office.

According to Toomin, the independent counsel could bring new charges:

“If reasonable grounds exist to further prosecute Smollett, in the interest of justice the special prosecutor may take such action as may be appropriate to effectuate that result,” Toomin wrote.

The judge also had harsh words for Foxx’s office for the way in which they handled the high profile case.

“Jussie Smollett’s case is truly unique among the countless prosecutions heard in this building. A case that purported to have been brought and supervised by a prosecutor serving in the stead of our duly elected State’s Attorney, who in fact was appointed a fictitious office having no legal existence,” Toomin wrote.

“It is also a case that deviated from the statutory mandate requiring the appointment of a special prosecutor in cases where the State’s Attorney is recused,” Toomin went on according to Page Six.

“Here, the ship of the State ventured from its protected harbor without the guiding hand of its captain. There was no master on the bridge to guide the ship as it floundered through uncharted waters. And it ultimately lost its bearings.”

Foxx said in her statement following Toomin’s decision that in her handling of the case she only followed “the advice and counsel of my then Chief Ethics Officer.” However, she didn’t return Page Six’s return request for a follow-up comment.

“I respectfully disagree with the court’s conclusion that, in the absence of any conflict, the appointment of a special prosecutor is required,” Foxx’s statement continued.