Prosecutor Calls Jussie Smollet Agreement Imaginary

Five years ago Cook County prosecutor Kim Foxx dropped all 16 charges filed against actor Jussie Smollett, in a plea deal that included community service and no jail time, for staging a hate crime hoax in Chicago [click here if you missed that].

The deal was later thrown out after Jussie used the mild sentence to claim he'd been exonerated, triggering the appointment of a special prosecutor [click here if you missed that]. 

Now the special prosecutor is arguing that Jussie claiming he had a deal in place shielding him from prosecution is "imaginary..."

From TMZ

Special prosecutor Dan Webb -- who convicted Jussie for lying to cops about the hate crime hoax -- is responding to Jussie's motion to have the IL Supreme Court review his case and overturn the conviction ... and says JS's claim he had an agreement in place to avoid prosecution simply doesn't hold water.

Webb says the "agreement" was "imaginary" on Smollett's part, and it did not insulate him from facing charges at a later date. Webb also shoots down Jussie's claim he's a victim of double jeopardy -- pointing out the legal term doesn't apply in this case.

In docs, obtained by TMZ, the special prosecutor says protection from double jeopardy is "triggered only after the accused has been subjected to the hazards of trial and possible conviction."

Webb says the initial charges were dropped a mere 12 days after Jussie was arraigned ... so, long before there was a jury impaneled, any witnesses sworn in or evidence produced.

Special prosecutor Webb's overall point ... Jussie's case isn't worthy of an IL Supreme Court review. Webb would like to see the high court reject his bid for appeal, opening the door for Jussie to complete his 150-day sentence ... of which he's only served 6, so far.