Wednesday | December 1st, 2021

It’s Wednesday, December 1st, and this is your Morning Wire. Listen to the full podcast:

1) Jussie Smollett Trial Begins

The Topline: The trial of Jussie Smollett began this week after the actor was accused of perpetrating a hoax when he claimed he was the victim of a hate crime in 2019.

Scott Olson/Staff/Getty Images

The Case

In 2019, Jussie Smollett was a main character on the hit Fox show “Empire” and had high-profile roles in several movies like Ridley Scott’s “Alien: Covenant.” 

In January of 2019, he claimed two white men in ski masks beat him up around 2a.m. when he was getting a sandwich in Chicago. He said they called him racial and homophobic slurs and told him, “This is MAGA country.” He also claimed they poured an unknown substance on him and put a noose around his neck.

He then called the police and filed a report. 

At the time, the alleged incident sparked nationwide outrage. Kamala Harris called it a “modern day lynching,” Nancy Pelosi said it was an “affront to our humanity,” and Donald Trump condemned it as “horrible.”

In the following weeks, it was revealed that Smollett allegedly paid two Nigerian brothers $3,500 to stage the attack. Later, surveillance video emerged that appeared to show Smollett planning out the attack at the scene of the alleged crime in the days before the incident.

He’s now standing trial for six counts of felony disorderly conduct connected to those false reports.

Potential Motive

Initially, there was speculation that his act was a publicity stunt. The brothers told police Smollett hired them to stage the attack in order to raise his media profile so he could negotiate a higher paycheck at Empire. He was reportedly earning $65,000 per episode at the time. 

However, prosecutors in the trial are now describing an additional motive.

About a month before the attack, Smollett allegedly received an anonymous letter while on set, which included a homophobic slur, a drawing of a stick figure hanging from a tree, and the word “MAGA” spelled out by newspaper clippings. Prosecutors say Smollett was so frustrated by the lack of response he got after receiving the letter that he staged a hoax to drum up sympathy.

Controversy Surrounding The Case

The Cook County State Attorney, Kim Foxx, initially dropped all 17 of the original charges against Smollett in March 2019. Many accused Foxx of having a conflict of interest, especially after it was discovered she’d been communicating with Smollett’s family. 

There were also allegations that her office tried to get the Smollett records sealed so the press wouldn’t be able to report on her role in the case.

Eventually, a special prosecutor said he found “substantial abuses of discretion and operational failures” in her office, and convened a grand jury who recommended reinstating a six-count indictment against Smollett. 

The Trial

Smollett has claimed he’s innocent, and continues to do so. During opening statements, his defense attorney claimed the two brothers set Smollett up because they “did not like him as a person.” 

Smollett’s defense has tried to cast doubt on the testimony of the two brothers, and has sought to undermine the perception Smollett was seeking attention.

On the second day of the trial, prosecutors questioned the lead investigator, who testified that after putting in 3,000 man hours on investigation and reviewing surveillance video, he’s in no doubt Smollett perpetrated a hoax.

The brothers will reportedly be the prosecution’s star witnesses.

Tasos Katopodis/Stringer/Getty Images for UltraViolet via Getty Images

2) Supreme Court Hears Abortion Case With Massive Implications 

The Topline: Today, the Supreme Court will hear arguments on a case out of Mississippi which could dramatically alter the landscape of abortion in the country. 

Quote Of The Day: “I think if you want to see a revolution, go ahead, outlaw Roe v. Wade…”

– New Hampshire Democratic Senator Jeanne Shaheen

The Case

Dobbs v. Jackson Women’s Health Organization is a case concerning a 2018 Mississippi law which bans most abortions after 15 weeks of pregnancy. Currently, the 1973 Roe v. Wade decision, and other subsequent rulings, such as Planned Parenthood vs. Casey, hold that states essentially have to allow a woman to be able to have an abortion up to the point of viability, or when the baby can survive on its own. Most states hold this mark at around 20 to 24 weeks.

Originally, Mississippi said in its petition the questions presented to the Court do not require them to overturn Roe or Casey. In its brief in July, however, the state wrote “Roe and Casey are egregiously wrong” and said the Court should overrule those decisions.

When the Supreme Court agreed to hear the Mississippi case, it said it would consider the question of “Whether all pre-viability prohibitions on elective abortions

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