Photo Credit: Jussie Smollett/Instagram

No one likes having a criminal case extended no their birthday but that’s exactly what Jussie Smollett is experiencing right now. Today is his 37th birthday and a judge just ordered a special prosecutor to investigate the city’s top prosecutor, Kim Foxx’ handline of his case. This comes after a call for accountability by Mayor Rahm Emanuel and police superintendent Eddie Johnson for her dropping all 16 felony charges over his allegedly faking a hate crime and quite honestly, getting the country whipped up in a frenzy in the process. Questions over her claim to have recused herself but then saying she didn’t really do so, texts showing a cozy relationship between her and his family who asked her to intervene in the case among other things.

Cook County Circuit Court Judge Michael Toomin agreed that the case deserved additional scrutiny stating “the integrity of our criminal justice system” is at stake. “The unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public’s confidence in the integrity of our criminal justice system,” Toomin, wrote.

Former appellate judge Sheila O’Brien has been named the special prosecutor. “It’s very thorough and it’s very complete,” O’Brien stated. “Well get the truth, the whole truth, under oath.” As for the handling of this case and how Foxx appointed First Assistant State’s Attorney Joseph Magats to be in charge of the case in her place, that part was a mistake. She says at that point, a special prosecutor should have been brought on and not now.

“Yet for reasons undisclosed even to this day, Foxx instead chose to detour from the mandated course, instead appointing Mr. Magats as `the acting State’s Attorney for this mater,’ ” Toomin wrote. “There was and is no legally cognizable office of Acting State’s Attorney known in our statutes or to common law,” Toomin ruled. “Its existence was only in the eye or imagination of its creator, Kim Foxx.”

It looks like the truth of what happened is going to be coming to light soon and unfortunately, it had to happen on Smollett’s birthday. Oh well. Happy birthday, Jussie.