The special prosecutor appointed to look into the politically charged case against former “Empire” actor Jussie Smollett will remain in that post despite revelations he had co-hosted a 2016 fundraiser for now-Cook County State’s Attorney Kim Foxx at his high-powered law firm and also cut a $1,000 check to her campaign.
Cook County Judge Michael Toomin defended his appointment of Dan Webb, saying in a court hearing Friday that donating to political campaigns was a routine practice for lawyers in Chicago and Webb’s contribution should have “no affect on his ability to be fair and impartial” in the hot-button case.
Toomin’s decision came after the former appellate judge who originally petitioned for a special prosecutor as well as an attorney for Foxx’s office expressed concerns that the donation and fundraiser held at Winston & Strawn — where Webb is co-chairman — would give an “appearance of impropriety” to the public.
As special prosecutor, Webb has wide latitude to investigate every aspect of the Smollett case, including whether political influence played a role in the decision by Foxx’s office to abruptly drop all charges against the actor in March.
“The concern is not what we do in this courtroom, but what the person on the street thinks,” said Sheila O’Brien, whose petition led to Toomin’s appointment of Webb in August.
When she talks to people about the donation, she said, “I get that ‘ugh’ look in people’s face, which radios to me that the public doesn’t feel good about it.”
Webb, however, told the judge he simply had no prior relationship with Foxx and that even calling it an appearance of impropriety was a stretch.
“I don’t know Kim Foxx. I’ve never met Kim Foxx, to the best of my recollection,” Webb said.
When Toomin asked Webb whether there was “any hesitation” in his mind that he could continue as an impartial prosecutor in the case, Webb responded, "None whatsoever."
The issue came to light earlier this week when Webb said in a filing in Cook County criminal court that he had overlooked putting his name on the fundraiser or making the donation, saying he had “no recollection” of doing either. Webb said he had likely made the donation at the behest of a colleague at the firm who put on the event.
Webb said the matter had been brought to his attention the previous week by an attorney for Foxx.
Webb’s filing included a copy of the flyer for the fundraiser on Oct. 13, 2016. At the top of the invitation, it read, “Please join hosts Kimball Anderson, Oscar David, and Dan Webb in support of Kim Foxx, Democratic nominee for Cook County State’s Attorney.”
Anderson and David are both partners in the firm. Also included with the filing was a copy of Webb’s $1,000 check that he wrote from his personal bank account and dated the day before the event.
Webb, a moderate Republican, said Anderson was a political supporter of Foxx’s who organized the fundraiser at her request. Anderson said he “does not recall” Webb attending the event, according to the filing.
State election records show that in the last 25 years Webb has donated nearly $375,000 to political candidates and entities, including both Democrats and Republicans.
In 2015 and 2016, Webb made two donations totaling $3,000 to then-State’s Attorney Anita Alvarez, who lost to Foxx in the 2016 Democratic primary, the records show. Webb cut the check to Foxx two weeks before she easily won the general election over lukewarm Republican opposition.
Smollett’s case has drawn worldwide attention since he first reported being the victim of a racist and homophobic attack on a frigid January night in downtown Chicago.
The controversy intensified when those charges were dropped by Foxx’s office in February with little explanation. At the time, Foxx had recused herself from the case — purportedly after having contact with a member of Smollett’s family early in the investigation at the request of Tina Tchen, Michelle Obama’s former chief of staff.
In June, Toomin determined that the entire Smollett case might be legally invalid from start to finish since Foxx inappropriately named her top deputy to take over after stepping aside.
