mr. smollett. hopefully we'll find out. >> i asked danny this question and i want to pose this question to you. should there be transparency in this case? should we find out what's happening? who is it that's being protected in the lack of transparency? >> it's a great question. the prosecutor is the most unregulated actor in our criminal legal process. she has unregulated actor in our criminal legal process. she has more power than judges because she gets to decide what to charge and what not to charge. there is no judge, not even on the supreme court, that could make this prosecutor bring charges. that's fine, but when prosecutors stand up in court, they say they represent the people. then there's a responsibility for the people whom they represent to know the basis of their decisions. >> but if the prosecution made a mistake here, if there was an issue with the prosecution and the way in which they went about this investigation, especially really putting jussie smollett on blast, shall i say, at

mr. smollett was suppressiexpressio. he did not smile at the charges being dropped, he did not appear to be happy. he was very, very stoic. what this means is that all the charges, 16-count indictment, goes away. his record is wiped completely clear. cook county prosecutors' office issued a statement saying mr. smollett will have to forfeit his bond, that's $10,000 in cash that he posted when he was initially arrested on these charges. and they also praised his volunteer service to the community. now, his attorneys have been emphatic that this is not a plea deal, that there is no community service attached to today's decision. they say that all the charges have been dropped, that's it, he walks away, he's clean. there seems to be some discrepancy there. just in the last few minutes we got a tweet from his lead attorney mark geragos, who as you know is the unindicted co-conspirator in the michael avenatti case that has been brought by the federal attorneys' offices in both new york and los angeles about an alleged shakedo

mr. smollett. >> do you believe your clients were betrayed by mr. smollett?e my clients were abetrayed. you have to look at what kind of relationship they had with mr. smollett. he's a celebrity. this is somebody in a position of power over my client. we see a lot of stories in the news where celebrities think they might be above the law. it's just not the case. >> do you know how your clients met jussie smollett and how long they have known him for? >> i do. the older brother had known mr. smollett longer than -- oh, i'm sorry, the younger brother had known mr. smollett longer than the older brother. they met through a working relationship. they were trainers. they were training him. >> was the younger brother the trainer of jussie smollett or were they both training him? >> they were both training him. >> i'm sorry. you said -- how did the younger brother initially meet smollett? >> so those details will be better said from able but i do know that they met at least a couple of years prior to this incident. >> oh, so they have known each other for a couple o

mr. smollett who created this hoax, period.s it he wanted to clear his name, the way to do that was in a court of law to everyone could see the evidence. >> the cook county office didn't explain why the 15 counts of felony misconduct were dropped. and smollett's willingness to forfeit his bond after a brief appearance in a courtroom, smollett today those greateful for those who stood behind him. >> i would not be my mother's son if i did what i was accused of. >> christiner there are a lot of questions that remain in the case. >> thank you, ryan young. >>> a boeing 737 max 8 forced to make an emergency landing in florida. >> 8701 we just lost our right engine. >> the plane was being ferried from orlando to california for short-term storage. the global fleet of these planes, the max jet was grounded a few weeks ago following crashes in october and earlier this morning killing 346 people. >> transportation officials will be on capitol hill today. the acting faa administrator expected to tell senators the agency's oversight approa

mr. smollett did what he was charged with doing?"r: "yes. // we stand behind the cpd's investigation in this case, the great work -- the tremendous work that they did in investigating this case. we stand behind to decision to charge mr. smollett and to indict him." (vicki) that was ryan young reporting... even though those 16 charges against smollett in chicago have been dropped-- the head of the police union is calling for a federal investigation to look into if smollett sent himself a fake threatening e-mail in the weeks before his alleged attack. (grant) happening tonight... it's the powerball drawing... and there's still a few hours left to go out and get your tickets. the powerball jackpot has dollars -- after nobody that makes it the fourth-highest prize the u-s lottery has ever seen. if you take the cash option, you would go home with about 465-and-a-half million. but...with all the ticket buying going on today, that jackpot could go up. the drawing happens at 8 o'clock tonight. (anchor) taking a live look outside... at the sa

mr. smollett who committed this hoax, period. if he wanted to clear his name, the way to do that was in a court of law so everyone could see the evidence. >> cook county state attorney's office didn't immediately explain why the 16 counts of felony disorderly conduct were dropped, except to say the decision came after reviewing the case facts. and smollett's willingness to forfeit his $10,000 bond after a brief appearance in a courtroom, smollett told reporters he was grateful. >> i'm truthful on every level since day one. i would not be my mother's son if i was capable of one drop of what i was accused of. >> and christine and dave, we don't know what as in that court filing because it was sealed by the judge. a lot of questions remain. >>> a boeing 737 max 8 forced to make an emergency landing in florida. >> tower 8701, we just lost our right engine. need to declare emergency. >> of course, there were month passengers on the southwest flight. the plane was being ferried from orlando to california for short-term storage. the glo

mr. smollett that convi convic i false claim. >> reporter: back in january, smollett told police two men attacked him using racial and homophobic slurs and putting a noose around his neck. after investigating, police say smollett orchestrated the attack, insisting they had enough evidence that smollett lied, including the testimony of these two brothers that say he paid them by check. >> mr. smollett is still saying he is innocent. is there no decency in this man? >> reporter: tuesday, prosecutors acknowledging they don't believe his story, saying they dropped the charges to focus on violent crime. >> this is not an exoneration. to say he was exonerated by us or anyone else, is not true. >> reporter: under the deal, smollett did 16 hours of community service. and he forfeited his $10,000 bond. the fbi is still investigating. d >>> coming up, a first of its kind smoothiemaking artificial intelligence on the usf campus. it's cool technology but could it take your job? >>> thousands of oakland residents are about to get an earthquake alert. >>> and the lineup is out for outside lands. we'll

mr. smollett is a driver of violence.nd nor was he someone who's a violent criminal. >> reporter: at the same time, siding with the police in what some say is a contradiction. >> we stand behind the investigation and the facts it revealed. >> what does that mean? >> it means we believe he did what he was charged with doing. >> so you believe that he lied on the police report? >> yes, this was not an exoneration. to say that he was exonerated by us or anyone else is not true. >> he went out of his way to say that he found no problems with the investigation or the evidence that was collected either. to say it's the interest of the city or whoever it was to dismiss it was quite unusual. >> it can't be that their position is that they're not going to prosecute any cases that don't involve violent crime. that makes no sense. you can argue that they could have reached a plea agreement where he served no time, but that's not what happened here. >> reporter: smollett had seemed to vo have it all. fame, a hit show. then on the mor

mr. smollett. but chicago's top cop, who is outraged, says he was blindsided by the news. >> if you want to say you're innocent of a situation, then you take your day in court. accused me, i would never hide behind a brokered deal in secrecy, period. >> reporter: the mayor also blasting the prosecutor's office for fumbling what he saw as a trial headed for conviction. >> this is, without a doubt, a whitewash of justice and sends a clear message that if you're in a position of influence and power, you'll get treated one way. other people will be treated another way. >> reporter: it was just three weeks ago smollett was indicted by a grand jury on 16 felony counts for lying to police. >> the grand jury, a sliver of the evidence, and they came to a conclusion. >> reporter: with the case now sealed by the court, the public may never see the evidence gathered by police. >> we have nothing to say to the police department except to investigate charges and not try their cases in the press. >> reporter: on

mr. smollett that committed this false claim. >> reporter: under the deal smollett did community service and will forfeit his $10,000 bond in exchange for no charges. but even prosecutors today said he lied to police. >> you believe he lied on the police report? >> yes. this was not an exoneration. to say he was exonerated by us or anyone else is not true. >> reporter: chicago police officials say they had no idea this was coming. >> they chose to hide behind secrecy and broker a deal to circumvent the judicial system. >> reporter: it comes after smollett was indicted on 16 counts for allegedly lying about a hate crime attack. smollett describing a homophobic and racist incident where two men beat him and left a noose around his neck. >> who the [ bleep ] would make something like this up? >> reporter: but police have insisted they had plenty of evidence to prove smollett lied, including the testimony of two brothers who said he paid them with this $3,500 check. those men later spotted on camera buying supplies for the attack. >> mr. smollett is still saying that he's innocent. still run

mr. smollett. the charges were dropped in turn for mr. ollett to do community service and forfeit his $10,000 bond to the city city. >> trevor: okay, wait. so jussie smollett was set free, but he's not innocent, but he's also not guilty. what? ( laughter ) we need someone to figure this out. mueller! we've got a new case for you! ( laughter ) and this time, just tell us what happened! jussie smollett is a free man. the prosecutors decided not to charge him but are not saying why. the chicago police are furious about this that jussie just gets to walk away. i'll be honest, i think it's pretty hilarious to see chicago cops ton other side of a case gone wrong for once. "all black people should have body cams!" so that's where we are now. the weirdest news story in america. i feel like in a week we'll turn on cnn and find out jussie smollett is dating mike pence after they met in a r. kelly concert. in the wake to have the boeing crashes that rocked the airline industry, everyone had questions about how the incidents could have happened. now w

mr. smollett who committed this hoax, period.is name, the way to do that was in a court of law. >> smollett was scheduled to be back in court april 7th for the 16 felony charges of wanting to police, but suddenly an emergency hearing today, prosecutors dialed a nolle pros motion, which mean to stop prosecuting, and they granted that motion. the cook county state attorney office as it did not exonerate smollett and it stands by police. the charges were dropped in exchange for community service and forfeiting that $10,000 bond. in a statement, the cook county states attorney office wrote "after reviewing all of the facts and circumstances of the case, including mr. smollett's volunteer service in the community and an agreement to a forfeit his bond to the city of chicago, we believe it's outcome is a justice position and appropriate resolution of this case." and here is smollett after today's starting ruling. >> i've been truthful and consistent on every single level since day one. i would not be my mother son if i was capable of o

mr. smollett did what he was charged with doing? >> yes. >> it was just last month that police alleged that smollett hired two acquaintances to attack him on the street, faking a hate crime and allegedly filing a false police report about it. all, they said, in an effort to promote his career. that's what they say. the prosecutors in the case say that he understood that people would question dropping the charges, but that thousands of cases have similar resolutions. that didn't exactly sit well with the chicago mayor, rahm emanuel. >> this is without a doubt a whitewash of justice and sends a clear message that if you're in a position of influence and power, you'll get treated one way. other people will be treated another way. there is no accountability in the system. it is wrong, full stop. >> just listen to police superintendent, eddie johnston. >> this mr. smollett who committed this hoax, period. if he wanted to clear his name, the way to do that was in a court of law so that everyone could see the evidence. >> but, in the face o

mr. smollett who committed this hoax, period.f he wanted to clear his name, the way to do that was in a court of law so that everyone could see the evidence. >> reporter: mayor rahm emanuel was even harsher. >> this is without a doubt a whitewash of justice and sends a clear message that if you're in a position of influence and power, you'll get treated one way. other people will be treated another way. there is no accountability in the system. >> reporter: the dropped charges come just over two weeks after prosecutors laid out 16 felony counts against him, punishable by up to three years in prison for allegedly lying to police emen he told them he was attacked by two white men who hurled racist and homophobic slurs. heseit was these two brothers who admitted under oath that smollett told them to do it. u say toyou say to people who believe he's getting preferential treatment? in he's not. >> reporter: lead prosecutor adseph mcgats dropped the charges calling it common practice for nonviolent first- dme defendants. >> our priorit

mr. smollett who committed this hoax. period.ted to clear his name, the way to do that is in the court of law so that everyone could see the evidence. you all know what it says. i stand by the fact that we produce -- if they want to dispute those facts, the place to do that is in court. >> i want to say one other thin thing. mr. smollett the still saying he is innocent. still running down the chicago police department. how dare him? how dare him? after everybody saw -- and i want to remind you, this is not the superintendent's word against his. the grand jury, a sliver of the evidence, and they came to a conclusion. as did state attorney's office. this is not the superintendent and the detective department's word against his. even after this whitewash, there is still no sense of ownership of what he's done. he says that, in fact, he is wronged in this case. this is an unbelievable not just whitewash of justice, but a person who has not been let off scot-free with no sense of accountability. moral, ethical wrongs of his actions. f

mr. smollett will enter a plea of not guilty. >> thank you. >> mr. guilty to those felonies. remember, police have provided a ton of evidence showing that smollett paid two brothers to stage the hate crime hoax. greg, i guess one of the strategies of the defense is to say that this is prosecutorial overreach. pile up like 16 felonies because they are angry. >> greg: right. >> jesse: they made them work so hard for two weeks. >> greg: what it does it is puts them in a weird spot prosecutorial overreach you are not saying not guilty. >> jesse: right. >> greg: saying you did something bad but wasn't that bad. so you have already given away let this thing play out. and he gets due process, which is important. he might be innocent. my feeling is the media is not going to learn anything. every time you dangle a story in front of the media that matches their assumptions they keep going there and burning their hand on that stove some times. it's like none. so they don't feel any ouch anymore. it's completely numb. here's the thing. >> jesse: like kavanaugh.

mr. smollett who committed this hoax, period. clear his name, the way to do that was in a court of law so everyone could see the evidence. you all know what the bottom profits said. we all know what it said. i stand by the facts of what we produced. if they want to dispute those facts, then the place to do that is in court, not secrecy. >> i want to say one other thing. mr. smollett is still saying that he is innocent, still running down the chicago police department. how dare him? how dare him? after everybody saw -- and i want to remind you this, not the superintendent's word against his. the grand jury, a sliver of the evidence, and they came to a conclusion. as did the state's attorneys' office. this is not the superintendent and the detectives department worry against his. and after this whitewash, still no sense of ownership of what he's done. etsd, in fact, he is wrong in this case. this is a person now who has been led off scot free with no sense of blgtability with the moral and ethical wrong of his actions. from top to

mr. smollett's volunteer service in the community and an agreement to forfeit his bond to the city of chicagohis outcome is a just disposition and appropriate resolution of this case." and here is smollett after today's stunning ruling. >> i've been truthful and consistent on every single level since day one. i would not be my mother's son if i was capable of one drop of what i was accused of. >> jussie smollett's attorneywh said that they have nothing to say to police in response to all of the man-hours and resources chicago police poured into this investigation, other than not to try the case in the media. tucker? >> tucker: matt, thank you very much. we want a quick correction, by the way. you saw tape of the mayor of chicago, rahm emanuel, and he repeated twice the phrase "how dare him, how dare him," and we just want you to let you know what you be "how dare he, how dare he." just wanted to make that clear before we proceed. joining us that was jason nichols, professor of african-american studies at the university of maryland, and always happy to have him. it seems to me, professor, nobo

mr smollett spoke outside the court and said, i wouldn't be my mother's son ifi said, i wouldn't be myir pa rt accused of. chicago police for their part are very angry at this development, angry at prosecutors. they say this is a whitewash of justice and they say chicago, the city, deserves an apology. peter, thank you. vincent van gogh is universally celebrated as one of the world's greatest artists, and now a new exhibition at tate britain aims to shine a light on the years that he spent living in london. between 1873 and 1876 he worked as an art dealer, and although he didn't become a painter himself until four years after leaving britain, those years were crucial to his artistic development. our arts editor, will gompertz, reports. vincent van gough came to britain in 1873 — not to make art, but to sell it and see it. the 28—year—old art then dealer quickly developed an appreciation for british landscape painters, most notably john constable. he settled here at 87 hackford road in brixton, south east london. he'd leave home and walk to work in covent garden every day because he wan

mr. smollett with 16 counts, 16 separate counts from the same incident. with one count as they originally did in the felony complaint, and then they decided to elevate this matter to slice and dice this in every way possible to charge him with 16 counts. well, 2 1/2 weeks later, they made the decision to voluntarily discontinue the action altogether and so i think -- >> they say they still believe the charges. >> you know what, george, i think if they believed the charges they never would have dismissed the case. this is such a high-profile matter. everyone has been talking about it. obviously it's made national headlines and so -- >> you're saying the state's attorney is lying. >> well, i'm saying their actions speak louder than words. they could have proceeded in a variety of ways. we were ready to move forward. we appeared in court and we pled not guilty. we were ready to fight the charges and they're the ones who voluntarily discontinued the matter so i think that speaks volumes. >> you know jussie has said he's been thughout the case but he saihai en

mr. smollett who committed this hoax. period.d to clear his name the way to do that was in a court of law so that everyone could see the evidence. you all know what the bond said. we all know what it said. so i stand by the facts of what we produced. if they want to dispute those facts, the place to do that is in court. >> sorry, i want to say one other thing. mr. smollett is still saying that he is innocent. still running down the chicago police department. how dare him. how dare him. after everybody saw -- and i want to remind you, this is not the superintendent's word against his. the grand jury, a sliver of the evidence, and they came to a conclusion. as did the state's attorney's i have on. this is not the superintendent and the detectives department word against his. and even after this white wash, still no sense of ownership of what he's done. he says that in fact he is the wronged in this case. this is an unbelievable not just whites wash of justice, this is a person who has been let off scot-free with no sense of account

mr. smollett which was demonstrably false. we welcome cameras in the courtroom. o pretend to be tim tells fox news smollett is the mastermind behind this charade. >> they were betrayed, and what they were part of was something much bigger than what they had thought. >> smollett's legal team dispute that claim and said there a lack of evidence to commit the actor. shannon, jussie smollett faces up to three years in prison for each of the 16 counts against him for lying to police, but it is possible all of those 16 counts fall into one charge, which would dramatically reduce potential prison time. he's back in court april 17th. shannon? >> shannon: matt finn, thank you very much. the defense of jussie smollett against what his legal team has labeled "an organized law-enforcement spectacle that has no place in the american legal system." joining us alive to discuss, robert patillo and deneen borelli, great to have both of you with us tonight paired >> hey, shannon. >> shannon: i know you think the prosecutors have overcharged from a 16 felonies, he pled not guilty to

mr. smollett is still saying he is innocent, still running down the chicago police department. > sandra: fiery reaction from chicago mayor rahm emanuel after prosecutors drop all charges against smollett. the police department asking for a federal investigation into the state's attorney. kevin graham is from the chicago order of police. what action are you taking, sir? >> last week even before the situation that unfolded yesterday occurred, we felt that the text messages between the state's attorneys office kimberly foxx and a private attorney in los angeles were really unprecedented and needed an investigation. so we sent a letter last week to the u.s. attorney in the northern district of illinois and asked for an investigation with john lynch. we hadn't heard anything. yesterday i hand delivered the letter to the federal building here in chicago to make sure that they understood we're serious, we doubled down on our efforts. we are interested in having the federal authorities look into what occurred here because we're baffled by what has happened. >> sandra: do you have any id

mr. smollett is a driver of violence nor is he someone who's a violent criminal. >> reporter: jussie smollett maintains he was honest without this entire ordeal. >> dana: chicago tribune editorial board accusing prosecutors of essentially saying, never mind, no big deal, it's an indefensible decision, a deal hashed out with smollett not even required to take ownership of his apparent hoax, not even required to apologize for allegedly exploiting hate crime laws. joining me is clarence page. we're so glad you could join us today to get your take on this. you must have been stunned at the chicago tribune yesterday. >> i was stunned at the news that jussie smollett was allowed to walk free with no particular consequences. he already put up $0,000 bail to get out of jail. he forefitted that, which is a drop in the bucket for the money he's making out there in hollywood. but on top of that, there was no remorse expressed. no, i'm sorry. no apology. that was one thing superintendent johnson said the city would appreciate after being put through all of this jussie smollett hoax put the city through.

mr. smollett. he's a celebrity. this is somebody who is in a position of power over my clients.">(robin) smollett was recently indicted on 16 felony counts of disorderly conduct by a cook county grand jury. (robin) police in texas are investigating a school resource officer...after he was captured on cellphone video violently taking down a teenage girl outside a school. this video was taken friday at a high school in round rock. police say the student was involved in a fight with anotr r took her dow that fight is also under under investigation. (robin) the incident comes as the round rock independent school district brought up concerns in creating its own police force. (robin) the u-s is withdrawing all remaining diplomatic personnel from its embassy in caracas, venezuela. u-s sec

mr. smollett's volunteer service in the community, we believe this outcome is adjust disposition and appropriate resolution to this case. chicago ease police chief says smollett should want his day in court to clear his name. >> do i think justice was served? no. do i think justice is -- i think this city is still owed an apology. >> smollett agreed to forfeit his $10,000 bond, the mayor says there is an ethical cost. >> people of all walks of life and back ground, ethnic sorientatow in the name promotion. >> smollett who is openly guy is ready to put his real life trauma behind him and get back to work. hillary lane, cbs news, new york. >> smollett was cut from empire this season. today 20th century fox issued a statement saying it's got fewed that all charges against him have been dismissed. >>> the family a bay area woman buried in a landslide san francisco just identified her body. 2-year-old keira sunshine scarlet was walking on the beach with her dog and friend last month when the cliff gave bay. body was found yesterday morning. the father tell be kpix 5 is the body of keira. >>> san fran

mr. smollett special treatment.ntire tenure. >> in response, chicago police releasing its investigative report where once again they say their investigation revealed a plan by smollett to stage a beating. smollett's lawyer responding saying, quote: we will not try this case in a court of public opinion. the case was dismissed. we should all allow mr. smollett to move on with his life as a free citizen. now, it's so important to remember that dismissed does not mean innocent. those are two different things that's a key distinction to keep in mind. as for the federal charges, you heard judge talk about it earlier in the 6:00 hour. federal charges could still be brought in this case. that's what the u.s. attorney's office is reviewing. and specifically, that mail fraud charge is very interesting. and it hearkens back to another case where chicago cops got somebody that was accused of something else. what we would call a white collar crime. remember al capone gangsters in chicago he was nabbed on tax evasion. we will se

mr. smollett is still in a lot of legal peril. >> neil: i'm wondering in the smollett case, if charges ared, as incredible as it seems, does he have grounds to sue? >> anyone consider anyone for anything in this great country of ours. he has virtually no chance of winning. he's going to have to convince a jury or a judge that people in effect lied about him or made stuff up. the police department released the file today and there's a whole bunch of damning stuff. there's a whole bunch of people who say he absolutely did it, including the two brothers who staged the attack. >> neil: whatever you make of the fact that this was all turned around, the 16 charges dropped, apparently they didn't run that by anyone in the police department, didn't run it by the mayor's office. complete shock to anybody. that cannot be business as usual, can it? it's horrible, a grave this handling of justice. it's not the kidnapping of the lindbergh baby but everyone who comes forward, a hate crime victim, they're going to be suspicious. it feeds the notion that there's a bifurcated system of justice for celebrit

mr. smollett enters a plea of the not guilty. >> the "empire" star is charged. >> you must be in court each and every court date. >> brandon geoffrion was inside the chicago courtroom this morning. >> the 36-year-old act door was focussed and looked straight ahead at the judge. the judge rules smollett will be allowed to travel to new york to meet with his attorneys without having to ask the court for permission. a grand jury indicted smollett on 16 counts. >> smollett also returned to "empire." last night's episode was his character jamal's first episode since the hoax. this scene stood out to us, small concert. it looks and felt a lot like the show jussie had after the alleged hoax. >> i don't know if you know about all that foolishness, but it's been a tough week. >> i had to come home. >> i had to be here. >> we are told smollett will continue to appear on "empire" this season b you his future is uncertain. he's due back in court april 17th. >> in other news, joe giudice was released from federal prison today after serving a 41-month sentence for mail, wire, and bankruptcy fraud. he was

mr. smollett is still saying that he is innocent, still running down the chicago police department. how dare he. even after this whitewash, no sense of ownership of what he has done. he says that he is wrong in this case. is there no decency in this man? he sends a clear message that if you are in a position of influence and power then you'll get treated one way. there is no accountability in the system. >> laura: the deep sense of outrage and disgust. even rahm emanuel is discussing that, we should all feel that. every american about the trump russian collusionss hoax. this is the tale of two hoaxes. one by smollett on the city of chicago and the other by anti-trump political partisans in the media on the entire country. the smollett hoax whirled the city, but the trump hoax had national and international implications. it could've affected policy and it could have tilted the midterms, and it has destroyedua several lives. one of the victims will actually be joining us later in the show. as we have been arguing for months, there must be consequences for bad actors in and out of gove

mr. smollett who committed this hoax, period.f he wanted to clear his name, the way to do that was in a court of law. >> in an emergency hearing, the judge granted the prosecutor's request to drop charges, in a statement the cook county attorney's office said after reviewing all of the facts and circumstances of the case including mr. smollett's volunteer service in the community and agreement to forfeit his bond to the city of chicago, we believe this outcome is justice and appropriate resolution to this case. >> i have been truthful and consistent on every level since day one. i would not be my mother's son if i was capable of one drop of what i've been accused of. >> superintendent eddie johnson said police carried out an investigation with dozens of detectives and concluded that smollett cut a $3500 check to pretend to beat him and say this is maga country. smollett says chicago's top cop is wrong. >> i have no idea where that came from which is why you should allow investigation and allow the state to investigate a charge be

mr. smollett who committed this hoax. period. speak out there you have it. the police and prosecutors say smollett is not innocent. smollett said he is. watch. >> i have been truthful and consistent on every single level since day one. i would not be my mother's son if i was capable of a one drop of what i have been accused of. >> mr. smollett is still saying he is innocent, still running down the chicago police department. how dare him? how dare him? speak of the case may never see the light of day because it has been sealed, and the only condition to the charges being dismissed is that smollett forfeit his $10,000 bond, a small fee for an investigation that has already cost the city of chicago hundreds of thousands of dollars, and remember, the assistant state's attorney had to take over because the states attorney recused herself because of questions about her impartiality. it weeks ago, a former aide to michelle obama called fox to say that her family wanted her to get the investigation turned over to the fbi. fox tried. even notified smollett the family

mr. smollett forfeited his $10,000 bond. mr. smollett completed community service and how he chooses to spin why he did those things, what i can tell you is that most people who come through the criminal justice system don't give up $10,000 of their hard-earned money or engage in volunteer services connected with an alleged offense without viewing that as a way of being held accountable. >> again, the voice there of kim fox. when asked about president trump's tweets, smollett's attorney says, she isn't worried about another inquiry. >> we have nothing to be concerned about because there was nothing on our end to request this, to do anything improper and nothing improper was done. >> and while chicago mayor is among the officials pressing the review he's not welcoming any involvement from president trump and here's why. >> i've always said from day one this is a trump-free zone the city of chicago and i mean it. let me be really clear about something. the only reason jussie smollett thought he could take advantage of a hoax is bec

mr. smollett. there's that word again. the charges were dropped in return for mr. ommunity service and forfeit his $10,000 bond to the city of chicago. here's what i don't get. why are you processing this as a mystery? we should hear more, but they cut him a deal, period! why, why? celebrity? a perverse play on race? did prosecutors screw up here? did they mess up with how they treated the other two members, the three people involved in the crime. did they screw it up? is there some unknown other reason? whatever it is, the prosecutor owes their city and frankly all of us an explanation, because this reeks right now. the main argument right now is this. these calls that charges are being dropped means that smollett was telling the truth. that's what he says, but don't be a sucker. even the prosecutor says, that is not the case. they said they don't believe smollett is exonerated, meaning innocent. the legal standard is guilty or not guilty, not guilty or innocent. so maybe there is a hole in the case that made this an easier path to make this deal, but it was an odd

mr. smollett which is demonstrably false. in the courtroom. >> the attorney for the two brothers who police say smollett paid to pretend to beat him tells fox news smollett is the mastermind behind this charade. >> they were manipulated and betrayed and what they were a part of was something much bigger than what they had thought. >> smollett's legal team disputes that claim and says there is a lack of evidence to convict the actor. smollett faces up to three years in prison for each of those 16 charges and he is scheduled to be back here in court on april 17th. bret? >> bret: matt finn in chicago. thanks. let's talk about the state of society, politics with arthur brooks. he is the president of the american enterprise institute and the author of a new book "love your enemies. how decent people can save america from the culture of contempt." great to see you. >> great. thanks to see you too, bret. >> bret: we see this story and about the college admissions. there is a feeling of societal decay about standards. >> it's are a re

mr. smollett's due process rights."an tell you what they are clearly alleging is that the police and the mayor, in the process of violating jussie's due process rights, by even coming out and giving that statement. what do you think the police and the mayor's office is going to say that? >> it's what we see in chicago a lot, which is it's a double helix of politics and clout. governing basic day-to-day decisions, including prosecution of this case. i think the police department had no choice but to come out and defend themselves. they spent thousands of man-hours on this case. they had surveillance records. they proved it. then they have the state's attorney basically throw their whole case out the window including extra possessions for him. basically -- there's no exoneration of jussie smollett just so we all are clear on that. p the state's attorney's office does not deny that the case was solid. he got a couple days of community service for filing a false police report and alleging a hate crime they didn't happen. >>

mr. smollett that committed this false claim. is there no decency in this man? age you enough, here is smollett's attorney saying she has "no idea" why her client is being left off the hook. >> we have nothing to say that to police departments up to investigate charges and not try their cases in the press. i have no idea what occurred in this case and why it occurred. i can just say that things seemed to spiral somewhat out of control. the two brothers have said that they attacked him. we don't want to try them in the press anymore than he wanted to be tried in the press. >> jesse: okay, mr. gutfeld. what happened? >> greg: this is absolutely one of the most incredible stories i think i've seen in ages. he got a fine and community service. this was a giant wink to the public. when they said the city can keep the bond, that was a fine. when they said they had done enough volunteer service, that with his community service. it was this underlying thing saying we are punishing him even though we can't nail him on some fame because somebody seriously pulled some strin

mr. smollett enter a plea of not guilty. there has been a left misinformation in this case that has been presented as facts and evidence against mr. smollett which is false. >> smollett faces up to three years in jail for each of the 16 charges filed against him is scheduled to be back in criminal court on april 17th. >>> the investigation continues in new york into the killing of the reported head of the notorious gambino crime family francisco cali was shot multiple time wednesday in front of his own home. official believe a car accident was charged on the street to lure him out of his house. police say he do have surveillance video showing a truck backing into his parked suv moments before he was shot. >> he has a conversation with an individual in front of that residence an that individual at some point in time, only about a minute into it pulls out a firearm and shots are fired. >> police are not confirming whether this was in fact a mob hit but they do acknowledge his alleged role as the gambino family boss. it would b

mr. smollett that committed this false claim. >> reporter: under the deal, smollett did community servicel forfeit his $10,000 bond in exchange for no charges. even prosecutors said, they, too, believe he lied to police. >> you believe he lied in the police report? >> yes, and this is not an exoneration. to say he was exonerated by us or anyone else is not true. >> reporter: chicago police officials say they had no idea this was coming. >> it shows they hide behind secrecy to broker a deal. >> reporter: it comes after smollett was indicted on 16 counts about allegedly lying on a hate crime attack. smollett, describing a homophobic and racist incident where two men beat him and left a noose around his neck. >> who [ bleep ] could make something like this up? >> reporter: police have insisted they have plenty of evidence to prove smollett lied including the testimony of two brothers who said he paid them with this $3,500 check. those men later seen buying supplies for the attack. >> mr. smollett is still saying he is innocent, still running down the chicago police department. how dare him?

mr. smollett, please be advised you must be in court each and every court date -- your failure to come toesult in a warrant for your arrest. >> reporter: smollett also learned he will be allowed to travel to new york and california to meet with his attorneys, as long as he notifies the court. he's due back in court on april 17th. janai and kenneth. >> thanks to elizabeth, this morning. >>> the detroit pistons are taking online criticism over a timely jersey they offered. it was made just for pi day, which was yesterday. >> the jersey has a pi symbol in name, from pistons to " and piestones. let's hope they get it worked out for the next game on sunday afternoon. >> you will never satisfy everybody. >> go piestons. sort of changes the pronunciation of the team's name, from pistons to piestones. >> you will never satisfy everybody. >> go piestons. about the colonial penn program. here to tell you if you're age 50 to 85, and looking to buy life insurance on a fixed budget, remember the three p's. what are the three p's? the three p's of life insurance on a fixed budget are price, price, and

mr. smollett.e was afforded an opportunity that we have under our alternative prosecutions unit that in exchange for the community service and his bond forfeiture, the case would be dropped. >> shepard: normally people like that have to confess and say they are sorry. a key piece of evidence that apparently helped crack the case was an empty hot sauce bottle, again, a hot sauce bottle that smelled to a reporter like bleach. not to police like bleach. they didn't find the bottle, a reporter later did. we'll talk to that reporter who found the bottle and alerted the police. she also came out with a story about how chicago police are going to bill smollett for the cost of the entire investigation. and $10,000 bail money will not cut it first to matt finn reporting. is he live in chicago. matt? >> shep, this afternoon somehow this saga is intensifying. no side is backing down. chicago's top cop insists this was a hoax. the mayor calls smollett a liar. here is chicago mayor rahm emanuel today saying jus

mr. smollett did what he was charged with doing?> yes, we stand behind the cpd's investigation in this case. >> do you consider him innocent? >> no. this was not an exoneration. to say that he was exonerated by us or anyone else is not true. i called an alternative disposition in that he agreed to do community service, he agreed to forfeit his bail to the city of his chicago and in return for him doing those things, we agreed to dismiss the indictment. >> but here's the thing, smollett walks away with his entire record expunged and what appears to be an extremely clear conscience. >> i've been truthful and consistent on every single level since day one. i would not be my mother's son if i was capable of one drop of what i've been accused of. >> now chicago's police union is calling for a federal investigation into state attorney general kim fox. emails and text messages obtained by cnn show communications between fox and smollett family friend tina chen who is the former chief-of-staff to michelle obama. this was when smollett was b