A Chicago federal judge has again refused to allow one of Jussie Smollett’s lawyers to sidestep a claim she slandered two Nigerian brothers, by claiming on television the brothers may have actually attacked Smollett, and had disguised themselves by donning “whiteface” to make the act appear to be a hate crime.
On March 17, U.S. District Judge Mary Rowland dismissed for a second time the attempt by Los Angeles lawyer Tina Glandian to dismiss the whiteface claim in the defamation lawsuit brought against her by brothers Olabinjo and Abimbola Osundairo.
“Read in context, Glandian was pressed about the Plaintiffs being attackers, given Smollett’s description of the attackers as light skinned or white,” Judge Rowland wrote.
Tina Glandian
“In order to explain (not opine) how they [the Osundairo brothers] could be attackers (as dark-skinned individuals), Glandian describes the use of make-up and bolsters her explanation with the fact that one of the (Osundairo brothers) previously performed in whiteface—meaning he was experienced with make-up.
“…Given the context, a plausible interpretation of Glandian’s ‘whiteface’ comment is that she was attempting to dispel the inconsistency in Smollett’s story (the attackers had light skin) and bolster her contention that the Plaintiffs (who are not light skinned) were Smollett’s attackers.”
The Osundairo brothers had filed suit against Glandian in 2019.
Glandian, with her law partner Mark Geragos, of the firm of Geragos & Geragos, had been hired by actor Jussie Smollett to represent him, as he faced accusations of staging an alleged hate crime attack against him earlier that year.
In January 2019, Smollett, who is Black and gay, told Chicago Police he had been attacked in the middle of the night in Chicago’s Streeterville neighborhood by two masked men, who allegedly hurled racial and homophobic epithets at him. He claimed they were white supporters of former President Donald Trump.
Smollett’s claims were trumpeted worldwide, particularly by politically progressive celebrities and Democratic politicians, who generally touted the attack as evidence of the bigotry of their political opponents.
According to reports, investigators quickly found holes in Smollett’s statements. Under questioning, the Osundairo brothers allegedly admitted the attack was a hoax, and told police of their part in allegedly helping Smollett plan and execute the alleged fake attack.
Smollett was charged with lying to police and staging the incident. Cook County State’s Attorney Kim Foxx’s office attempted to drop charges and allow Smollett to walk free, infuriating police and many others in Chicago and throughout the U.S.
However, a Cook County judge appointed a special prosecutor, former federal prosecutor Dan Webb.
Webb and his team again charged Smollett and ultimately secured his conviction at trial. Smollett was sentenced to 150 days in Cook County Jail, but the Illinois First District Appellate Court ruled he should be allowed to leave jail as he appeals the results of the trial.
Webb has already referred Foxx’s handling of the Smollett case to the Illinois Attorney Registration and Disciplinary Commission for potential discipline against Foxx for abusing her discretion in cutting a deal with Smollett. It is not known if her statements against the judges, in particular, may also draw scrutiny from disciplinary regulators, as well.
In the days after Foxx’s office initially dropped charges, Glandian appeared on several national TV programs, including NBC’s “The Today Show,” where she asserted Smollett was innocent. When she was pressed by the interviewer to explain how the brothers could have attacked Smollett, when actor claimed his attackers were white, Glandian noted one of the brothers had been seen on video on a separate occasion wearing whiteface “doing a Joker monologue with white makeup on.”
Glandian and Geragos also said in other television and podcast appearances that the brothers were involved in dealing steroids and they suggested at least one of the brothers had engaged in sex acts with Smollett.
The Osundairo brothers responded by suing Geragos and Glandian, claiming the statements were false and smeared their reputation, costing them personally and professionally.
In March 2020, and again in October 2020, Rowland tossed out most of the Osundairos defamation claims.
However, in both instances, the judge said the brothers could continue to sue Glandian over her “whiteface” claims.
The brothers amended their claims once again, trying to resurrect some of their defamation claims concerning steroids, drugs, perjury and criminal battery.
But on March 17, Rowland again returned with the same ruling.
While Glandian can escape on the other claims, the brothers will be allowed to argue the whiteface comment may have crossed the line, from protected opinion to potentially slanderous statement, implying the brothers committed or participated in a hate crime.
Rowland noted Glandian has argued she had not “ascribed any hate crime motive” to the brothers, and had “only theorized about ‘the method by which (the Osundairos) may have perpetrated the attack.’”
But Rowland said the full comment, taken in context, could allow those listening to believe Glandian had accused the brothers of participating in “a racially motivated attack.”
“Explaining that attackers were white … adds the implication that the attack was a hate crime,” Rowland said.
“Plaintiffs have plausibly alleged defamation per se and false light.”
The Osundairo brothers are represented by attorney Vincenzo Caporale and others from the firm of Gregory E. Kulis & Associates, of Chicago.
Glandian is represented by attorneys Brendan J. Healey and Natalie A. Harris, of the firm of Baron Harris Healey, of Chicago.