Chicago prosecutor Kim Foxx’s texts revealed her frustration over Jussie Smollett’s case

Chicago prosecutor Kim Foxx’s texts revealed her frustration over Jussie Smollett’s case

I'm recused. But when people accuse us of overcharging cases ... "On a case eligible for deferred prosecution I think it's indicative of something we should be looking at generally", Foxx wrote.

Magats then texted that he'd get with some other members of the state's attorney's office and "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".

Foxx went on in those texts to Magats to compare Smollett's case to the office's pending indictment of R&B singer R. Kelly on 10 charges of aggravated criminal sexual abuse.

The state's attorney's office dropped 16 felony charges against the "Empire" actor, who was accused of staging a hate crime against himself in Chicago.

It appears that CPD officials got far less input into the decision to drop charges against Smollett.

The office, though, denied outright requests for its internal files, saying it did so because the judge presiding over the case had agreed to seal the public court file moments after prosecutors dropped all the charges.

"There's really no planning for this".

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There was no smoking gun but the documents showed Foxx was kept in the loop on - and commented to her staff about - a case in which she publicly claimed to have recused herself. "It's the right decision".

Citing a court order sealing all records in the case, the office did not turn over a flurry of emails exchanged among Criminal Division chief Risa Lanier and Smollett's Chicago-based attorney Patricia Brown Holmes over about three days before the charges were dismissed, nor hundreds of other emails and text messages requested by the Chicago Sun-Times and other media organizations. Foxx's office has since said that when an interoffice email to senior staff stated that Foxx was "recused" in the case, the term was used in a colloquial, not a legal definition.

In a March 1 message, Foxx asks Magats "How was this morning's meeting?"

"Eddie just called. (He) needed to know how to answer questions from press", Foxx texted Magats, referring to Chicago Police Superintendent Eddie Johnson. Smollett agreed to forfeit $10,000 in bail and do community service. 'He said that I can ask any question I wanted.

Smollett reportedly participated in a reading for the part just 12 hours before he claimed he was attacked on the streets of his home in Chicago by two men who he said threw a rope around his neck and poured a bleach-like substance on him.

Prosecutors eventually dropped the charges against Smollett. Emanuel's administration has sued to try to force Smollett to reimburse Chicago for the more than $130,000 in overtime police expenses spent investigating the alleged hoax even though all the charges against the "Empire" actor were dropped.

Inspector General Patrick Blanchard will be conducting an investigation of how Foxx's office handled the case.

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