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

Cook County State's Attorney Kim Foxx recused herself from the Jussie Smollett case

Chicago's top prosecutor Kim Foxx thought Jussie Smollett was a "washed up celeb" who was charged excessively, according to new text messages obtained through the Freedom of Information Act. The messages were sent after the star was indicted by a grand jury for charges related to staging a hate crime against himself.

Shortly after news of the charges broke in March, Foxx texted the First Assistant State's Attorney Joseph Magats, who was officially handling the case, saying the charges were excessive.

Immediately after the charges against Smollett were dropped, the office scrambled to respond.

Texts show Foxx referenced another case in what appears to have been as an effort to compare Smollett's situation to another case involving a child molester.

The texts also show Foxx's office struggled to manage a tsunami of media requests after the charges were dropped against Smollett.

"Pedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16 (counts)", she wrote. "Just because we can charge something doesn't mean we should", Foxx went on to tell Magats.

The texts indicate the "recused" Foxx saw no point in charging the actor who claimed two men put a noose around his neck and poured a chemical on him. Cops concluded he lied and paid two brothers to stage the whole thing.

The city has sued Smollett for the $130,000 in police overtime spent investigating the alleged hoax.

In other communications obtained by CNN through an open records request, Foxx suggested the charges against Smollett were over exaggerated.

"Sooo.... I'm recused, but when people accuse us of overcharging cases.16 counts on a class 4 (felony) becomes exhibit A", Foxx texted Magats, according to documents released on Tuesday.

Foxx said in February that she was recusing herself.

Smollett was charged and pleaded not guilty to 16 counts of disorderly conduct for allegedly lying to police about a hate crime, but Cook County prosecutors dropped the charges against Smollett after he agreed to forfeit his $10,000 bail and performed 16 hours of community service.

She continued, arguing the charges were excessive and making a comparison to the office's pending indictments against R. Kelly. "I was elected to bring criminal justice reform and that includes intentionality, consistency, and discretion".

A short time later, a spokeswoman texted back to say she had notified a Police Department spokesman who would notify Superintendent Eddie Johnson.

Emanuel said dropping the charges against Smollett "is without a doubt a whitewash of justice".

Despite claiming last month that she did not officially, legally recuse herself from Smollet's case, instead only distancing herself from it out of an "abundance of caution", Foxx on Tuesday defended her communications.

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