Prosecutor Kim Foxx said Jussie Smollett was a 'washed-up celeb who lied to cops' just two weeks before dropping the hoax attack charges
- Foxx wrote to prosecutor Joe Magats after claiming she had recused herself
- 'Sooo......I'm recused but when people accuse us of overcharging cases' she says
- She is later understood to have compared Smollett's charges to that of R. Kelly
- Magats replies: 'Yes. I can see where that can be seen as excessive'
- Thousands of texts and emails about the case were made public Tuesday
- Foxx argued the messages were part of a 'review of office policies to assure consistencies in our charging and our use of appropriate charging authority'
- Two weeks later Magats said all 16 charges against Smollett had been dropped
- The Empire actor was accused of staging an attack on himself on January 29
- He has always maintained his innocence and insisted he was attacked
State's Attorney Kim Foxx called Jussie Smollett a 'washed up celeb who lied to cops' in messages sent weeks after she was said to have recused herself from the case
State's Attorney Kim Foxx called Jussie Smollett a 'washed up celeb who lied to cops' in texts sent just two weeks before all charges against him were dropped.
In messages sent weeks after she was said to have recused herself from the case Foxx wrote to fellow prosecutor Joe Magats and appeared to compare Smollett's charges to those leveled at another celebrity defendant, R. Kelly.
She said: 'Pedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16.'
The case against Smollett, 36, was suddenly and unexpectedly dropped last month by Foxx's office in questionable circumstances.
Thousands of texts and emails about the case were made public by State's Attorney Kim Foxx's office Tuesday.
In messages sent two weeks before that decision Foxx, who has since faced repeated calls to resign over her handling of the case, writes: 'Sooo......I'm recused, but when people accuse us of overcharging cases...16 counts on a class 4 becomes exhibit A.
She goes on: 'Pedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16.'
Magats replies: 'Yes. I can see where that can be seen as excessive.'
Foxx adds: 'On a case eligible for deferred prosecution I think it's indicative of something we should be looking at generally. Just because we can charge something doesn't mean we should.' 'Agreed', Magats adds.
State's Attorney Kim Foxx called Jussie Smollett a 'washed up celeb who lied to cops' in messages sent weeks after she was said to have recused herself from the case
Foxx wrote to prosecutor Joe Magats: 'Pedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16' It is understood she was comparing Smollett's 16 felony counts of lying to the police to the charges leveled at another celebrity defendant, R. Kelly
The case against Smollett, 36, was suddenly and unexpectedly dropped last month by Foxx's office in questionable circumstances
Foxx has since faced repeated calls to resign over her handling of the case
Foxx was said to have recused herself from the case on February 19 but the March 8 messages appear to show she was still meddling in the way it was handled.
Further messages show Foxx replies 'yeah....it's not who we want to be' in response to a message from her colleague Magats saying he'll take a 'hard look' at how we charge the cases.
Magats writes: 'I'll get with Risa and Jim. With him taking over we can take a hard look at how we charge the cases and get it to something that covers what needs to be covered without being excessive and ultimately pointless.'
Risa is thought to be prosecutor Risa Lanier, it is not known who Jim refers to.
Two weeks later Magats announced all 16 charges against Smollett had been dropped.
In a statement to CBS Chicago Foxx said: 'After the indictment became public, I reached out to Joe to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority.
'I was elected to bring criminal justice reform and that includes intentionality, consistency, and discretion. I will continue to uphold these guiding principles.'
Other messages show how the office struggled to 'anticipate the magnitude of the response' to their decision.
The office released nearly 200 pages of screenshots of texts and more than 3,600 pages of emails Tuesday.
In one assistant State's Attorney Risa Lanier texted Magats: 'Just wish I could have anticipated the magnitude of this response and planned a bit better!'
Magats replied: 'There's really no planning for this. It's the right decision.'
Lanier agreed, responding: 'I agree and absolutely stand by the decision made.'
Assistant State's Attorney Risa Lanier texted Magats: 'Just wish I could have anticipated the magnitude of this response and planned a bit better!'
Magats replied: 'There's really no planning for this. It's the right decision.' Lanier agreed, responding: 'I agree and absolutely stand by the decision made'
Smollett was arrested in February for allegedly lying about the attack. Police say he paid Abel and Ola Osundairo to attack him and that he thought he could use it as leverage to get a raise on Empire, a claim he denies
Mayor Rahm Emanuel and the Chicago Police Department's Superintendent Eddie Johnson both expressed their fury when her office decided to drop the case.
And messages appear to show the prosecutors' office only told the Chicago police the charges had been dropped as journalists were already in the courtroom, The Chicago Tribune reports.
Foxx messaged Magats to say: 'Eddie just called. (He) needed to know how to answer questions from press. He seemed satisfied with the explanation.'
Johnson would go onto slam the decision with Mayor Rahm Emanuel calling it 'a whitewash of justice'.
Foxx exchanged text messages with members of Smollett's family in the early stages of the investigation and tried, at their request, to convince the Chicago PD to let the FBI take the lead.
The Empire actor was accused of staging an attack on himself on January 29 to try to get a raise on the show.
In messages sent weeks after she was said to have recused herself from the case Foxx wrote to prosecutor Joe Magats, pictured
He is now facing a lawsuit after the actor refused to pay $130,106 worth of overtime that was accrued by police investigating the January incident that authorities now believe was a staged attack.
The star is currently on vacation with his family in Hawaii where he appeared tense during a heated phone call, telling a pal 'it's over, I got off'.
Police say he paid Abel and Ola Osundairo to beat him in what he then described as a racist, homophobic attack by two Trump-loving perpetrators. He has always maintained his innocence and insisted he was attacked.
Foxx, who recused herself from the case after she communicated with a Smollett relative during the probe, has reiterated that she welcomes an independent investigation into the way she and her office handled the case.
And despite the criticism launched against her, Foxx has continued to ignore calls to resign and revealed she has plans to run for re-election.
Joined by Chicago Police Superintendent Eddie Johnson, Cook County State's Attorney Kim Foxx announces that charges have been filed against singer R. Kelly in February 2019
Share this article
Smollett, who is black and gay, told police on January 29 that two apparent supporters of President Trump struck him, put a noose around his neck, and poured bleach over him wile yelling 'This is MAGA country'.
He told officers the unknown chemical substance was used on him while 'Empire f****t' and 'Empire n*****' was shouted at him.
Investigators later said they believed Smollett may have paid Abimbola 'Abel' and Olabinjo 'Ola' Osundairo $3,500 to assault him in an alleged orchestrated attack.
