Prosecutors’ texts show Foxx involved in Smollett case after recusal

Kim Foxx and Jussie Smollett

Enlarge Image Kim Foxx and Jussie Smollett Getty Images

"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", Foxx said in a statement obtained by USA Today.

"(A pedophile) with 4 victims 10 counts.

In an op-ed for The Chicago Tribune, Foxx said she understood the public outrage against Smollett, but said it was important to separate people we were angry at, from people who pose a public safety threat.

Smollett had faced the felony charges after a grand jury indictment on claims that he had staged a hate crime attack in Chicago in January.

"Just wish I could have anticipated the magnitude of this response and planned a bit better!"

The messages were among almost 200 pages of screenshots of texts exchanged between Foxx and her top staff, included alongside more than 3,600 pages of emails - and a 36-page spreadsheet detailing records the office determined could not be released to the public because records in Smollett's case were sealed the day the charges were dropped.

That decision created a firestorm of protest from local officials.

Foxx's office issued a statement recusing her on February 19, though they later claimed she "did not formally recuse herself".

"There's really no planning for this. It's the right decision", Magats replied.

In addition, it appeared the prosecutors' office notified Chicago police only moments before the charges were dropped as reporters were already gathering in the courtroom - tipped off by a publicist for Smollett's legal team.

The communication between Foxx and Magats raised questions of whether she continued to take a role in the case after stepping away.

Foxx said she told Johnson that Smollett's charges were dismissed since he completed community service and turned over his bond money - $10,000 - to the city.

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

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.

But three days later, in a text stream with top state's attorney staffers titled "Foxxhole", Foxx commented on a news article writing, "Funny the theory that everyone is related to this guy is pervasive". But sources with knowledge now tell the outlet he will no longer appear in the play, despite charges being dropped against the "Empire" star. Last week the city of Chicago sued Smollett for more than $130,000 in costs to cover the investigation.

However, Johnson and Mayor Rahm Emanuel held a news conference that morning slamming the decision - "a whitewash of justice", the mayor said.

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

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