The prosecutor who claimed she recused herself from the Jussie Smollett case only to later admit she had not actually separated herself called the “Empire” actor a “washed up celeb who lied to cops” in text messages released by her office to Chicago news outlets in response to a public records request.
State Attorney Kim Foxx came under fire when her office abruptly announced it was dropping 16 felony counts that a grand jury had brought against Smollett after he faked a hate crime, according to police and prosecutors.
Smollett claimed that the charges being dropped vindicated him, and the unusual agreement between Foxx’s office and the actor’s legal team included no admission of wrongdoing.
The text messages were between Foxx and attorneys working for her in the Cook County District Attorney’s Office. They were sent after she claimed that she had recused herself upon speaking to a family member of Smollett’s prior to him being charged with filing a false police report.
The messages were posted by Charlie De Mar, a reporter with CBS Chicago.
In the first message, Foxx wrote: “Sooo……I’m recused, but when people accuse us of overcharging cases…16 counts on a class 5 becomes exhibit A.”
Contrasting the charges against Smollett to the charges filed against singer R. Kelly, she added: “Pedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16.”
“On a case eligible for deferred prosecution I think it’s indicative of something we should be looking at generally,” she said. “Just because we can charge something doesn’t mean we should.”
The staff member she was speaking with said they agreed and said they’d be talking to other prosecutors in the office about taking “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.”
Texts messages from State’s Attorney Kim Foxx to staff about two weeks before charges were dropped on Jussie Smollett.
Refers to Smollett as a “washed up celeb who lied to cops.”
Texts obtained through FOIA request. @cbschicago pic.twitter.com/KWPKQzLQ8h
— Charlie De Mar (@CharlieDeMar) April 16, 2019
— Charlie De Mar (@CharlieDeMar) April 16, 2019
“Year … it’s not who we want to be,” Foxx responded.
According to USA Today, Foxx was corresponding with Joe Magats, an assistant prosecutor who took credit for making the decision to drop the charges.
Magats admitted afterward that he believed Smollett was guilty.
“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 after the texts were released. “I was elected to bring criminal justice reform and that includes intentionality, consistency, and discretion. I will continue to uphold these guiding principles.”
After the charges were dropped, Foxx got back in contact with her team, asking if they needed help with her. “Just wish I could have anticipated the magnitude of this response and planned a bit better!” she wrote in one text.
“Eddie” referring to CPD superintendent Eddie Johnson.
This text sent from Kim Foxx the day charges dropped and Eddie Johnson and Mayor were at CPD graduation and felt “blindsided” by decsion. @cbschicago pic.twitter.com/nDWzl1RdlQ
— Charlie De Mar (@CharlieDeMar) April 17, 2019
She also made fun of Chicago Police Superintendent Eddie Johnson, saying: “Eddie just called. Lol! He’s at the police recruit event. Needed to know how to answer questions from the press.”
Johnson said in March when Smollett was arrested that a lengthy investigation revealed that Smollett had orchestrated the hate crime hoax because he was upset with his salary on “Empire.”
“This stunt was orchestrated by Smollett because he was dissatisfied with his salary,” he told reporters. “Smollett took advantage of the pain and anger of racism to promote his career.”
While Smollett claimed that he was beaten by two white men who recognized him as a gay black man and shouted slurs, Johnson said that he actually hired two black brothers he knew, Ola and Abel Osundairo, to pretend to attack him. The alleged attack took place on Jan. 29 around 2 a.m. during the middle of the polar vortex in downtown Chicago.
After the charges were dropped, both Johnson and Chicago Mayor Rahm Emanuel criticized the decision by Foxx’s office.
“This is without a doubt a whitewash of justice,” Emanuel said. “There is no accountability. It is wrong, full stop.”
Johnson, visibly furious, said that prosecutors made a deal with the actor’s team in secret.
“At the end of the day, it’s Mr. Smollett who committed this hoax, period,” Johnson said.
