Editor's note: This article was first published by Prairie State Wire
Kim Foxx, the Cook County prosecutor who won’t prosecute, has an agenda, but it’s not equal justice for all under the law. And instead of holding Foxx to account for not doing her job, current Attorney General Kwame Raoul operates more like Kim’s wingman instead of the people’s lawyer.
Illinois needs a new lawyer who loves our country, our Constitution, and our people, more than his cronies before it’s too late to save our great state.
Kim Foxx swore an oath to support the constitution of the United States and the constitution of the state of Illinois, and to faithfully discharge the duties of the office of state's attorney according to the best of her ability.
The first duty of each state’s attorney under the law is to commence all actions, suits, indictments, and prosecutions in the county in which he or she is elected. The prosecutor has the duty to prosecute all violations of law.
It’s true that we often speak of “prosecutorial discretion”, but discretion goes to the facts and circumstances of each case. The evidence in each case is different and sometimes there are mitigating facts and circumstances.
Discretion does not mean a prosecutor can choose to ignore the law she swore to uphold. She can’t decide not to prosecute a whole category of cases — she can’t decide that she won’t prosecute crimes committed on Tuesdays, or crimes committed by people of a certain age, or crimes involving property. Discretion springs from its root which requires thought and analysis: to discern or distinguish right from wrong.
The statute creating Kim Foxx’s office states clearly: she has a duty to commence and prosecute.
In fact, Illinois law provides that it’s a class 3 felony for a public officer to intentionally or recklessly fail to perform any mandatory duty required by law (720 ILCS 5/33-3). The purpose of this criminal law is to protect the people from the dangers of a government that refuses to do its job. I ask you is Kim Foxx intentionally or recklessly failing to perform her duty at this point?
Consider in this regard two data points about what’s happening in Chicago. Violent crime soars in Chicago, arrests have been plummeting.
I know from speaking to police officers that many are frustrated by Kim Foxx’s refusal to prosecute good cases. And second, as an example of this, carjackings have been skyrocketing, becoming more violent, and now at a 21 year high.
Kim Foxx’s seemingly systematic refusal to enforce laws that she does not like is the opposite of prosecutorial discretion. She’s ignoring categories of cases and not even trying to discern the right path with respect to those matters.
This raises an important question: is it time to prosecute the prosecutor for refusing to do her duty?
Before that extraordinary step is even discussed, we need to engage in a serious discussion about whether her abuse of office has become criminal itself. It’s not an accusation that should be made lightly; there must be other remedies that should be pursued first.
If you elect me to serve as your prosecutor, I will put Kim Foxx on notice that she will be held accountable for her failures. The people of Cook County don’t need to suffer through a dystopian future concocted by Kim Foxx.
If Kim Foxx wants to take her job seriously, I will be a great partner for her. But I will pursue every available means, including investigating the potential for criminality occurring within her office, if she continues to refuse to perform her mandatory duties to protect the people of Cook County.
Attorney Tom DeVore is the Republican nominee for Illinois Attorney General.