Texts Reveal State Prosecutors Wholly Unprepared For Fallout Of Smollett Case

Cook County State's Attorney Kim Foxx speaks at a news conference in Chicago. Foxx has asked the county's inspector general to review how her office handled

The text messages were revealed in a trove of text messages and emails released on Tuesday in response to a Freedom of Information Act request.

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.

"Yeah...it's not who we want to be", Foxx responded. But the texts show she weighed in on March 8, sending a text to her first assistant suggesting Smollett had been overcharged.

"Pedophile with victims 10 counts". Washed up celeb who lied to cops, 16. Police initially treated the incident as a hate crime, but their focus turned to Smollett after two brothers who were alleged to have been his attackers told detectives that Smollett had paid them $3,500 to stage the attack, with a promise of an additional $500 later. Smollett maintains his innocence.

The Chicago Tribune and other media outlets sought a slew of police and prosecutor files related to the Jussie Smollett case; what they were able to obtain doesn't provide much insight into why the charges against Smollett were dismissed.

Foxx and Magats continued to discuss the case, including the news that embattled lawyer Michael Avenatti wanted to join the defense.

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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.

About 10 minutes later, Foxx texted Magats: "Eddie just called". "I'm recused, but when people accuse us of overcharging cases.16 counts on a class 4 becomes exhibit A", she wrote.

Just over two weeks later on March 26, prosecutors announced they would drop all charges against Smollett - though Magats admitted "I do not believe he is innocent".

In a statement to the Mail, Foxx said that, after the indictment became public, she "reached out to Joe to discuss reviewing office policies" in order to "assure consistencies" in the office's charging and its "use of appropriate charging authority".

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. "I will continue to uphold these guiding principle". Foxx said the relative was concerned about leaks in the case that came from anonymous sources within "law enforcement" or "police", and Foxx said she had asked CPD Supt. "I gave him your office number", Magats wrote.

In exchange for having his record cleaned, Smollett agreed to forfeit his $10,000 bail - which he posted after pleading not guilty to all charges - and perform a few hours of community service.

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