Vice President Kamala Harris, who once referred to the notorious hate crime fraudster Jussie Smollett as a victim of a "modern day lynching," has yet to remove her 2019 social media post that echoed the false claim.
This is despite the fact that Smollett, a former "Empire" actor, has been criminally convicted in Illinois for staging the attack.
Smollett had alleged that two masked men attacked him, pouring bleach on him, placing a noose around his neck, and declaring, "This is MAGA country!" in the heart of Chicago during the 2019 polar vortex. "[Jussie Smollett] is one of the kindest, most gentle human beings I know. Im praying for his quick recovery," Harris posted on January 29, 2019, on a platform formerly known as Twitter.
According to The New York Post, Harris continued, "This was an attempted modern day lynching. No one should have to fear for their life because of their sexuality or color of their skin. We must confront this hate." However, as it became apparent that Smollett was under investigation for filing a false report, Harris expressed her "sadness, frustration, and disappointment" at the news of the actor's "false claims to police."
Eugene Roy, a retired chief of detectives from the Chicago Police Department with over three decades of experience, criticized Harris' initial comments as a "rush to judgment" and a "hasty decision before all the facts are known." He argued, "Its one thing to express your support for a friend. Its another thing to use your platform as a government official to prejudge a case before its played out. Before all the facts are known."
The facts of the case were laid out in court, where it was revealed that Smollett had enlisted the help of two brothers, Abimbola and Olabinjo Osundairo, to stage the fake hate crime. Smollett, who identifies as Black and gay, then falsely reported to Chicago Police that he was the victim of a racist and homophobic attack by two men wearing ski masks in January 2019.
The evidence against Smollett included phone records, ride-share records, video surveillance footage, GPS evidence, text messages, and social media messages between Smollett and the Osundairo brothers, all of which supported their testimony that the incident was staged. In 2021, after a nearly two-week trial, a jury found Smollett guilty on five of six charges of disorderly conduct.
Following his conviction, Smollett was sentenced to 150 days in jail, 30 months of felony probation, and ordered to pay restitution to the city of Chicago in the amount of $120,106, as well as a fine of $25,000. Smollett has since appealed his conviction to the Illinois Supreme Court, which agreed to hear his case in March.
Smollett's attorneys argued in a February court filing that what should have been a straightforward case was complicated by the intersection of politics and public outrage. They reiterated an argument from previous appeals that Smollett's 2021 trial violated his Fifth Amendment protections against double jeopardy, or being punished twice for the same crime. They also claimed that he had already performed community service and forfeited a $10,000 bond as part of a 2019 deal with the Cook County States Attorneys Office to drop the initial 16 counts of disorderly conduct.
Harris, a former California state attorney general, was not the only Democrat misled by Smollett's fabricated story. President Biden, who was her rival in the Democratic primary at the time, also issued a tweet that remains online condemning the purported hate crime. "What happened today to @JussieSmollett must never be tolerated in this country," Biden wrote on January 29, 2019. "We must stand up and demand that we no longer give this hate safe harbor; that homophobia and racism have no place on our streets or in our hearts. We are with you, Jussie."
Roy expressed regret that society often prioritizes "a quick sound bite" over a "thorough, impartial investigation." He cautioned that hasty reactions to high-profile legal cases can cast a shadow over the public's perception of the justice system. "Again, as a government official, you can express support for your friends and supporters, but you should do it in a judicious and appropriate manner that doesnt call into question the integrity of the judicial process," Roy advised. He suggested that the public should remember who made hasty judgments about controversial issues when evaluating the merits of candidates.
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