Judge finds no bias from Jussie Smollett special prosecutor

A Chicago judge decided Friday to keep a special prosecutor looking into why the state's attorney's office abruptly dismissed charges against actor Jussie Smollett, finding there's "no indication he harbors any bias."

Judge Michael Toomin's decision came after former U.S. Attorney Dan Webb disclosed he co-hosted a 2016 fundraiser for Cook County State's Attorney Kim Foxx. He also donated $1,000 to her campaign that year.

Foxx's office in March dropped charges accusing the former "Empire" actor of staging a racist, homophobic attack against himself.

In this Aug. 23, 2019 photo, former U.S. Attorney Dan Webb takes the oath of special prosecutor before Judge Michael Toomin, during an status hearing concerning actor Jussie Smollett at the Leighton Criminal Court building, in Chicago. The latest twist in the Jussie Smollett saga is the revelation of a possible conflict of interest by the special prosecutor investigating why prosecutors dropped charges accusing the actor of staging a racist, homophobic attack on himself. Dan Webb disclosed this week he once co-hosted a political fundraiser for a figure central to his investigation, Cook County State's Attorney Kim Foxx. A Cook County judge must now decide if bias or the appearance of bias renders Webb's position untenable.(Antonio Perez Chicago Tribune via AP, Pool)

The 74-yar-old Webb said he hadn't initially recalled his contributions to Foxx's campaign.

"This is not even remotely a case that involves a conflict of interest," Webb told the judge, adding that he doesn't know Foxx and doesn't think he has even met her.

The probe includes looking into whether Foxx's calls with a Smollett relative and an ex-aide of former first lady Michelle Obama influenced the decision to drop charges. Foxx recused herself from the case but continued to weigh in.

FILE - In this May 20, 2016 file photo, actor and singer Jussie Smollett attends the "Empire" FYC Event in Los Angeles. A Chicago judge is expected to decide whether to let a former U.S. attorney stay on as special prosecutor examining the dismissal of charges against actor Smollett. The hearing Friday, Oct. 4, 2019, comes after Dan Webb revealed he co-hosted a fundraiser for Kim Foxx during her 2016 run for Chicago’s top prosecutor job. Her office in March abruptly dropped charges accusing Smollett of staging a racist, homophobic attack on himself. (Richard ShotwellInvisionAP, File)

A flyer from the fundraiser Webb included in his court filing this week listed him with two other lawyers as hosts of the event. Webb also included a copy of the signed check he wrote out to "Friends of Foxx." Webb is a Republican, and Foxx a Democrat.

Webb said in his filing that one reason he didn't recall the political fundraiser for Foxx is that they are so common at his high-powered Winston & Strawn law firm. Despite being listed as a host, he said he had "no recollection" of attending the event.

A special prosecutor has the power to reinstate charges if it's determined the original charges against were improperly dropped. Such finding could politically damage Foxx, who in 2016 became Cook County's first black female state's attorney.

FILE - In this Aug. 27, 20119 file photo, Cook County State's Attorney Kim Foxx speaks at a news conference in Chicago. The latest twist in the Jussie Smollett saga is the revelation of a possible conflict of interest by the special prosecutor investigating why prosecutors dropped charges accusing the actor of staging a racist, homophobic attack on himself. Dan Webb disclosed this week he once co-hosted a political fundraiser for a figure central to his investigation, Cook County State's Attorney Kim Foxx. A Cook County judge must now decide if bias or the appearance of bias renders Webb's position untenable. (AP PhotoTeresa Crawford File)

The investigation includes looking into whether Foxx's calls with a Smollett relative and an ex-aide of former first lady Michelle Obama influenced the decision to drop charges. Foxx recused herself before that March decision but continued to weigh in on the case.

There's no indication Foxx or Smollett's lawyers pressed for Webb's replacement. Smollett's attorneys opposed the appointment of any special prosecutor, arguing the case should have stayed closed. Smollett still maintains he was the victim of a real attack in January.

When he announced Webb's appointment in August, Judge Toomin said attorneys from other counties showed little interest in an investigation that, no matter how it plays out, will inevitably spark outrage in some quarters.

FILE - In this March 26, 2019, file photo, actor Jussie Smollett talks to the media before leaving Cook County Court after his charges were dropped, in Chicago. The latest twist in the Jussie Smollett saga is the revelation of a possible conflict of interest by the special prosecutor investigating why prosecutors dropped charges accusing the actor of staging a racist, homophobic attack on himself. Dan Webb disclosed this week he once co-hosted a political fundraiser for a figure central to his investigation, Cook County State's Attorney Kim Foxx. A Cook County judge must now decide if bias or the appearance of bias renders Webb's position untenable. (AP PhotoPaul Beaty, File)

The close-knit nature of Chicago's legal profession, where apparent conflicts of interest arise often, was illustrated by Judge LeRoy Martin Jr.'s decision in May to transfer the decision to appoint a special prosecutor to Toomin because Martin's son works for Foxx.

Webb is a consummate insider who has been sought after by a long list of rich and powerful clients, including tobacco giant Philip Morris and Ukrainian energy oligarch Dymitro Firtash. He represented for Illinois Gov. George Ryan at his corruption trial.

But he also gained a reputation as a fighter against entrenched corruption as U.S. attorney in the 1980s when he played a central role in a watershed corruption investigation called "Operation Greylord," which sent dozens of Chicago judges and lawyers to prison.

He was hired by the city of Chicago to review how city attorneys handle excessive-force lawsuits against police, issuing a report in 2016 that concluded they don't regularly obstruct access to evidence. Many civil rights lawyers sharply criticized Webb's conclusion.

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UNITED NATIONS (AP) — Russia on Wednesday vetoed a U.N. resolution sponsored by the United States and Japan calling on all nations to prevent a dangerous nuclear arms race in outer space, calling it “a dirty spectacle” that cherry picks weapons of mass destruction from all other weapons that should also be banned.

The vote in the 15-member Security Council was 13 in favor, Russia opposed and China abstaining.

The resolution would have called on all countries not to develop or deploy nuclear arms or other weapons of mass destruction in space, as banned under a 1967 international treaty that included the U.S. and Russia, and to agree to the need to verify compliance.

U.S. Ambassador Linda Thomas-Greenfield said after the vote that Russian President Vladimir Putin has said Moscow has no intention of deploying nuclear weapons in space.

“Today’s veto begs the question: Why? Why, if you are following the rules, would you not support a resolution that reaffirms them? What could you possibly be hiding,” she asked. “It’s baffling. And it’s a shame.”

Russia’s U.N. Ambassador Vassily Nebenzia dismissed the resolution as “absolutely absurd and politicized,” and said it didn’t go far enough in banning all types of weapons in space.

Russia and China proposed an amendment to the U.S.-Japan draft that would call on all countries, especially those with major space capabilities, “to prevent for all time the placement of weapons in outer space, and the threat of use of force in outer spaces.”

The vote was 7 countries in favor, 7 against, and one abstention and the amendment was defeated because it failed to get the minimum 9 “yes” votes required for adoption.

The U.S. opposed the amendment, and after the vote Nebenzia addressed the U.S. ambassador saying: “We want a ban on the placement of weapons of any kind in outer space, not just WMDs (weapons of mass destruction). But you don’t want that. And let me ask you that very same question. Why?”

He said much of the U.S. and Japan’s actions become clear “if we recall that the U.S. and their allies announced some time ago plans to place weapons … in outer space.”

Nebenzia accused the U.S. of blocking a Russian-Chinese proposal since 2008 for a treaty against putting weapons in outer space.

Thomas-Greenfield accused Russia of undermining global treaties to prevent the spread of nuclear weapons, irresponsibly invoking “dangerous nuclear rhetoric,” walking away from several of its arms control obligations, and refusing to engage “in substantive discussions around arms control or risk reduction.”

She called Wednesday’s vote “a real missed opportunity to rebuild much-needed trust in existing arms control obligations.”

Thomas-Greenfield’s announcement of the resolution on March 18 followed White House confirmation in February that Russia has obtained a “troubling” anti-satellite weapon capability, although such a weapon is not operational yet.

Putin declared later that Moscow has no intention of deploying nuclear weapons in space, claiming that the country has only developed space capabilities similar to those of the U.S.

Thomas-Greenfield said before the vote that the world is just beginning to understand “the catastrophic ramifications of a nuclear explosion in space.”

It could destroy “thousands of satellites operated by countries and companies around the world — and wipe out the vital communications, scientific, meteorological, agricultural, commercial, and national security services we all depend on,” she said.

The defeated draft resolution said “the prevention of an arms race in outer space would avert a grave danger for international peace and security.” It would have urged all countries carrying out activities in exploring and using outer space to comply with international law and the U.N. Charter.

The draft would have affirmed that countries that ratified the 1967 Outer Space Treaty must comply with their obligations not to put in orbit around the Earth “any objects” with weapons of mass destruction, or install them “on celestial bodies, or station such weapons in outer space.”

The treaty, ratified by some 114 countries, including the U.S. and Russia, prohibits the deployment of “nuclear weapons or any other kinds of weapons of mass destruction” in orbit or the stationing of “weapons in outer space in any other manner.”

The draft resolution emphasized “the necessity of further measures, including political commitments and legally binding instruments, with appropriate and effective provisions for verification, to prevent an arms race in outer space in all its aspects.”

It reiterated that the U.N. Conference on Disarmament, based in Geneva, has the primary responsibility to negotiate agreements on preventing an arms race in outer space.

The 65-nation body has achieved few results and has largely devolved into a venue for countries to voice criticism of others’ weapons programs or defend their own. The draft resolution would have urged the conference “to adopt and implement a balanced and comprehensive program of work.”

At the March council meeting where the U.S.-Japan initiative was launched, U.N. Secretary-General António Guterres warned that “geopolitical tensions and mistrust have escalated the risk of nuclear warfare to its highest point in decades.”

He said the movie “Oppenheimer” about Robert Oppenheimer, who directed the U.S. project during World War II that developed the atomic bomb, “brought the harsh reality of nuclear doomsday to vivid life for millions around the world.”

“Humanity cannot survive a sequel to Oppenheimer,” the U.N. chief said.

United States Ambassador and Representative to the United Nations Linda Thomas-Greenfield addresses members of the U.N. Security Council before voting during a meeting on Non-proliferation of nuclear weapons, Wednesday, April 24, 2024 at United Nations headquarters. (AP Photo/Eduardo Munoz Alvarez)

FILE - U.S. Ambassador to United Nations Linda Thomas-Greenfield speaks on Thursday, April 18, 2024, in Tokyo. The U.N. Security Council is set to vote Wednesday, April 24, 2024, on a resolution announced by Thomas-Greenfield, calling on all nations to prevent a dangerous nuclear arms race in outer space. It is likely to be vetoed by Russia. (AP Photo/Eugene Hoshiko, Pool, File)