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Tough to do. the judge saying that foxx did not have the right to assign her top deputy to lead the case after she colloquially recused herself in a statement foxx said that she degree disagrees with e judge's decision. emily, this is really fascinating, you are a lawyer, can you explain this better. i was wondering if there was some double jeopardy here but the special prosecutor said no they can reopen the case and jussie smollett can be charged once again with all 16 counts fewer or even more. >> yes, and anyone else that has been caught up in this can be charged as well. i want to point ou...

>> doug: sorry. they are not going to ignore or drop the double jeopardy argument. this case is going to take a while if it ever comes to trial. and there will be substantial arguments that it is double jeopardy and my hunch is we might get a plea out of this for a very modest offense. >> the way he was talking about it. he felt like he was scot-free. i'm my mother's son and everyone knows that i would never do anything like this. the real attackers are out there. >> jesse: this is why americans think the whole system is rigid because michelle obama's former chief of staff makes a dual foxx an...

Free access to every platform. yeah, that too. i don't want any trade minimums. yeah, i totally agree, they don't have any of those. i want to know what i'm paying upfront. yes, absolutely. do you just say yes to everything? hm. well i say no to kale. mm. yeah, they say if you blanch it it's better, but that seems like a lot of work. no hidden fees. no platform fees. no trade minimums. and yes, it's all at one low price. td ameritrade. ♪ >> kennedy: major developments in the jussie smollett saga it continues. a cook county judge is appointing a special prosecutor to investigate the handling ...

>> doug: sorry. they are not going to ignore or drop the double jeopardy argument. this case is going to take a while if it ever comes to trial. and there will be substantial arguments that it is double jeopardy and my hunch is we might get a plea out of this for a very modest offense. >> the way he was talking about it. he felt like he was scot-free. i'm my mother's son and everyone knows that i would never do anything like this. the real attackers are out there. >> jesse: this is why americans think the whole system is rigid because michelle obama's former chief of staff makes a dual foxx an...

Did not have the right to assign her top deputy to lead the case after she colloquially recused herself in a statement foxx said that she degree disagrees with e judge's decision. emily, this is really fascinating, you are a lawyer, can you explain this better. i was wondering if there was some double jeopardy here but the special prosecutor said no they can reopen the case and jussie smollett can be charged once again with all 16 counts fewer or even more. >> yes, and anyone else that has been caught up in this can be charged as well. i want to point out for viewers a couple things. number on...