Wednesday, April 17, 2019
CHICAGO (AP) — Chicago's top prosecutor injected herself into the criminal case accusing Jussie Smollett of staging a racist, anti-gay attack in January despite having recused herself, texting a deputy that the "Empire" actor had been overcharged by her own office, according to newly released texts and emails.
Cook County State's Attorney Kim Foxx and her staff also scrambled later to explain the March 26 decision to drop all criminal charges against Smollett amid an explosion of public criticism, hundreds of documents provided to The Associated Press and other media through open records requests indicate.
Foxx recused herself in February, her office explaining at the time that she had "facilitated a connection" between a Smollett family member and detectives after the relative expressed concerns about the case. Foxx has made sometimes-confusing statements since then, including that she withdrew from the case but did not formally rescue herself. Foxx nevertheless weighed in with a March 8 text to First Assistant State's Attorney Joseph Magats, who became the final decision-maker in the case.
"Sooo ...... I'm recused," she texted, with ellipses to introduce her point, "but when people accuse us of overcharging cases ... 16 counts on a class 4 becomes exhibit A."
Magats responded to his boss: "Yes. I can see where that can be seen as excessive."
Smollett had faced 16 felony counts related to making a false report that he was assaulted by two men around 2 a.m. on Jan. 29 in downtown Chicago. Investigators said he made the false report because he was unhappy with his pay on "Empire" and believed it would promote his career.
The thousand documents don't include key communications among prosecutors or with Smollett's legal team, so questions remain unanswered about whether the office succumbed to outside pressure, about the logic behind tossing the case without requiring Smollett to accept responsibility for lying, and the extent of Foxx's involvement.
Foxx's office has faced sharp criticism from some quarters, including prosecutor advocacy groups. Smollett maintains that he's told the truth all along.