Decision looms: Keep or replace Smollett special prosecutor?

Peoria, IL, USA 1470 & 100.3 WMBD

Oct 4, 2019 | 6:49 AM

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 Photo/Paul Beaty, File)

CHICAGO (AP) – 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 Jussie Smollett.

The hearing Friday comes after Dan Webb revealed he co-hosted a fundraiser for Kim Foxx and donated $1,000 to her successful 2016 run for Cook County state’s attorney. He said he hadn’t recalled either until someone recently reminded him.

Foxx’s office in March abruptly dropped charges accusing Smollett of staging a racist, homophobic attack against himself.

Judge Michael Toomin may not be inclined to replace the 74-year-old Webb. The prosecutor-turned-star lawyer is a highly respected, even legendary figure in legal circles.

But not replacing Webb for an appearance of a conflict of interest could taint his findings.