Newly released texts, emails show behind-the-scenes of Smollett fallout

Kim Foxx and Jussie Smollett

Texts messages from State's Attorney Kim Foxx to staff about two weeks before charges were dropped on Jussie Smollett.

She later said she didn't recuse herself in the legal sense of the word, because there was no actual conflict, but simply separated herself from the case out of an abundance of caution. It also lays out Foxx's reasons for dropping the charges, noting, "Just because we can charge something doesn't mean we should".

When it was alleged that Kim Foxx had meddled in Jussie Smollett's case before all sixteen of his criminal charges were dropped, the public was unhappy, calling for her to be removed from her position.

A lawyer for Smollett, who portrays a gay musician on Fox's "Empire", said the actor "vehemently denies" accusations of making false statements to police and "will not be intimidated into paying the demanded sum".

Foxx had originally recused herself from the case because she said she had conversations with a family member of Smollett when she still thought Smollett was the victim of a crime.

Foxx texted Joseph Magats, her top deputy whom she put in charge of the Smollett case after recusing herself, the day a grand jury handed up the 16-count indictment against Smollett to make an unfavorable comparison to the counts against Kelly filed just weeks earlier.

That's the question many are asking after her office released a trove of emails and text messages related to the case. "I gave him your office number", Magats wrote. Washed up celeb who lied to cops, 16.

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

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But she weighed in on March 8, sending a text to her first assistant that said: "Pedophile with 4 victims, 10 counts".

Foxx added: "On a case eligible for deferred prosecution I think it's indicative of something we should be looking at generally".

Meanwhile, Inspector General Patrick Blanchard will open his own probe into the Cook County State's Attorney's handling of the case. "I was elected to bring criminal justice reform and that includes intentionality, consistency, and discretion".

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.

However, Magats made it clear, "I do not believe he is innocent".

Her office declined to comment on the specifics of the case, citing an ongoing review.

When asked why the state's attorney continued to communicate about the case after her withdrawal, a spokeswoman issued a statement Tuesday night on Foxx's behalf saying she reached out to Magats only "to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority".

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