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Text Messages Reveal How Kim Foxx Referred to Smollett

17 April 2019

"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 obtained by USA Today.

But she weighed in on March 8, sending a text to her first assistant that said: "Pedophile with 4 victims, 10 counts. Just because we can charge something doesn't mean we should", Foxx then said.

There was no smoking gun but the documents showed Foxx was kept in the loop on - and commented to her staff about - a case in which she publicly claimed to have recused herself.

"Yes. I can see where that can be seen as excessive", Magats replied.

In response to the backlash for her office's decision to drop the charges against Smollett for allegedly staging a hate crime against himself, Foxx hinted it might be because of her race.

Numerous text messages and emails released detail how the State's Attorneys office responded to the furor after the charges were dropped and defended their decision by releasing data on other cases.

Protestors organized by the Fraternal Order of Police call for the removal of Cook County State's Attorney Kim Foxx on April 01, 2019 in Chicago, Illinois.

It appears that CPD officials got far less input into the decision to drop charges against Smollett. Her office maintains that Foxx withdrew herself only informally, as a true recusal would have involved the appointment of a special counsel.

Foxx texted back and apparently compared the Smollett case to the sex abuse charges against singer R. Kelly.

The newly released texts raise further questions about her public claims that she had withdrawn from the case.

The materials shed light into the frustrations and pressure that Foxx's office was facing as it handled the Smollett case. Foxx's office has since said that when an interoffice email to senior staff stated that Foxx was "recused" in the case, the term was used in a colloquial, not a legal definition.

(Nuccio DiNuzzo/Getty Images) Jussie Smollett waves as he follows his attorney after his court appearance at Leighton Courthouse on March 26, 2019 in Chicago.

Foxx has faced mounting pressure to explain in more detail why the prosecution of Smollett was so quickly abandoned.

Smollett was initially charged with 16 counts alleging he lied to police when reporting he'd been the victim of a racist, homophobic attack in January. Smollett, who was accused of hiring two men to fake an attack on him near his Streeterville home, forfeited $10,000 he'd posted for bond to the city of Chicago, and left the courthouse proclaiming his innocence.

At her request, Cook County Inspector General Patrick Blanchard agreed last week to investigate the office's handling of the Smollett case.

Text Messages Reveal How Kim Foxx Referred to Smollett