Text Messages Reveal How Kim Foxx Referred to Smollett

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The Cook County State's Attorney Office released the messages on Tuesday in response to a Freedom of Information Act request by media outlets including ABC News.

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.

"Yeah...it's not who we want to be", Foxx responded.

Although Foxx recused herself from the case involving Smollett, who was charged with 16 felony charges for allegedly orchestrating a fake hate crime, she may have still been stirring the pot, according to the March 8 messages obtained by The Post.

"Pedophile with 4 victims, 10 counts", Foxx texted, likely referring to the sexual abuse case against R&B singer R. Kelly in Chicago. "16 counts on a class 4 becomes exhibit A". "Just because we can charge something doesn't mean we should", Foxx went on to tell Magats.

"Just wish I could have anticipated the magnitude of this response and planned a bit better!" texted Assistant State's Attorney Risa Lanier to Magats. "On a case eligible for deferred prosecution I think it's indicative of something we should be looking at generally", Foxx continued. He claimed two masked men - one of them also wearing a red hat - shouted racist and homophobic slurs as they beat him, put a noose around his neck, and poured a chemical on him.

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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".

On Tuesday, Foxx released a statement defending her messages.

Smollett found himself at the center of an global media firestorm after he reported being the victim of a January 29 attack by two people who shouted slurs, hit him and wrapped a noose around his neck.

She wrote: "So... I'm recused, but when people accuse of overcharging cases..."

"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. Prosecutors, last month, argued that Foxx never formally recused herself amid questions over her office's decision to drop the charges against Smollett. Apparently he's coming in to represent the Nigerian brothers in Smollet. "I was elected to bring criminal justice reform and that includes intentionality, consistency, and discretion". She said Johnson seemed "satisfied" with her explanation that Smollett had completed community service and turned over his $10,000 bond money to the city. 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.

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