Jussie Smollett's lawyers file a motion opposing review of dismissal of charges

Attorneys contend there's no case to review

By Madeline Holcombe and Hollie Silverman, CNN
Nuccio DiNuzzo/Getty Images

Actor Jussie Smollett leaves the Leighton Courthouse after his court appearance on March 26, 2019, in Chicago, Illinois.

(CNN) - Lawyers for actor Jussie Smollett filed a motion Thursday opposing the appointment of a special prosecutor to review the dismissal of charges against him.

Retired Illinois Appellate Justice Sheila O'Brien filed a petition on April 5 requesting a special prosecutor be appointed to review Cook County State Attorney Kim Foxx's decision to dismiss charges against Smollett, whom investigators said staged an attack against himself.

Smollett's lawyers argue in the motion that a review by a special prosecutor is only allowed when there is a pending case.

They also said a review by a special prosecutor would be redundant as the Cook County Inspector General has already announced an investigation into how the office handled the case.

The Inspector General's investigation is being conducted at Foxx's invitation.

"Ensuring that I and my office have the community's trust and confidence is paramount to me, which is why I invited an independent review of this matter," Foxx said in a statement provided to CNN. "I welcome this investigation and pledge my full cooperation and the cooperation of my office as IG Blanchard conducts his review."

Chicago's police union has called on Foxx to resign, arguing she failed to follow through on charges that used significant police resources.

"I think we have to ask ourselves what is this really about? I've been asking myself for the last two weeks, 'What is this really about?'" Foxx said in response to the calls for her resignation. "I will tell you this is personal, it's personal."

CNN's Dakin Andone and Amir Vera contributed to this report.

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