Chicago Attorney's Texts on Jussie Smollett Case Reveal Frustration



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The state attorney's office in Chicago was not ready for the response regarding the treatment of the alleged hate crime report of "Empire" actor Jussie Smollett, according to thousands of text messages obtained by HuffPost.

After being challenged, Cook County attorney Kim Foxx called Smollett "celebrity" and criticized the number of charges against him.

"So …… I'm challenged but when people accuse of overtaxing business … 16 p. [felony] becomes Exhibit A, "Foxx said in a text message to First Assistant Attorney Joseph Magats on March 8. She sent the message the same day to a grand jury who accused Mr. Smollett of 16 counts of accusing him of falsifying a hate crime.

"Pedophile with 4 victims, 10 counts," Foxx continued, citing charges of sexual abuse against pedophile defendant R. Kelly two weeks earlier. "Washed celebrity who lied to the cops, 16 counts of indictment."

"On a case eligible for delayed prosecution, I think that indicates something we should look at in general terms," ​​she said. "It's not because we can charge something we should do it."

"That's not what we want to be," she added later.

The SMS, obtained as a result of a request from the Freedom of Information Act, also shows that Foxx continued to consult with his team even though she had unofficially recused herself from the Smollett file. She announced that she would no longer be involved in the case after her office had revealed that she had links to potential witnesses, a spokeswoman told NBC News on Monday. ;time. His challenge turned Magats into an acting lawyer in the Smollett case.

In a statement to CNN Tuesday night, Foxx defended his communication with Magats and his team after his challenge.

Foxx said it had made contact with Magats "to discuss the review of the office's policies to ensure the consistency of our charges and our use of proper billing authority".

"I was elected to bring about criminal justice reform, which includes intentionality, consistency and discretion. I will continue to uphold these guiding principles, "Foxx told CNN.

The charges against Smollett were dropped on March 26, sparking outrage and reprimand from Chicago police and Mayor Rahm Emanuel.

16 PICTURES

Jussie Smollett on the FOX empire

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EMPIRE: G-R: Taraji P. Henson and Jussie Smollett in the episode EMPIRE titled "Treasons, Stratagems, and Spoils" aired Wednesday, Nov. 14 (8 pm-9pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: G-R: Taraji P. Henson and director Jussie Smollett in the episode "What is Done" from EMPIRE aired on Wednesday, Nov. 7 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: Director Jussie Smollett behind the scenes of the EMPIRE episode "What is Done"? aired on Wednesday, November 7 (8 pm-9pm ET / local time) on FOX. (Photo by FOX via Getty Images)

EMPIRE: L-R: Terrence Howard and director Jussie Smollett behind the scenes of the episode "What is Done" from EMPIRE aired on Wednesday, Nov. 7 (8:00 pm to 9:00 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: G-R: Jussie Smollett and Taraji P. Henson in the episode "The Depth of Grief" from EMPIRE aired on Wednesday, Oct. 31 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: Jussie Smollett in the episode of EMPIRE – The Depth of Grief & # 39; aired on Wednesday, October 31 (8 pm to 9 pm ET) by FOX. (Photo by FOX via Getty Images)

EMPIRE: L-R: Bryshere Y. Gray and Jussie Smollett in the "Love All, Trust a Few" episode of the EMPIRE broadcast aired on Wednesday, October 17 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: From left to right: Jussie Smollett and Bryshere Y. Gray in the "Pride" episode of EMPIRE aired on Wednesday, Oct. 10 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: From left to right: Jussie Smollett and Bryshere Y. Gray in the "Pride" episode of EMPIRE aired on Wednesday, Oct. 10 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: Jussie Smollett in the episode of "EMPIRE" Pay For Their Presumptions & # 39; aired on Wednesday, October 3 (8 pm-9pm ET / local time) on FOX. (Photo by FOX via Getty Images)

EMPIRE: G-J: Jussie Smollett, Bryshere Gray and Trai Byers in the final episode of the season of The Empire Unposessd, airing on Wednesday, May 23 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: LR: Terrence Howard as Lucious Lyon, Taraji P. Henson as Cookie Lyon, Bryshere Y. Gray as Hakeem Lyon, Jussie Smollett as Jamal Lyon and Trai Byers as Andre Lyon in the fifth season of EMPIRE aired on Wednesday, September 26 ( 8: 00-9: 00 ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: photo from left to right: Bryshere Gray, Jussie Smollett and Andre Royo in the episode "Slave to Memory" of EMPIRE aired on Wednesday, December 13 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: In the photo, Trai Byers, Gabourey Sidibe and Jussie Smollett in the episode EMPIRE of the "War of Bleeding" aired on Wednesday, October 18 (8:00 pm to 9:00 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: Photo from left to right: Terrel Carter and Jussie Smollett in the episode of "EMPIRE" Evil Manners & # 39; aired on Wednesday, October 11 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)

EMPIRE: Photo from left to right: Jussie Smollett and Gabourey Sidibe in the "Full Circle" episode of Wednesday, October 4 (8 pm to 9 pm ET / PT) on FOX. (Photo by FOX via Getty Images)




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Emanuel called it a "money laundering" and claimed that Smollett was "left behind" because he was famous. Chicago Police Commissioner Eddie Johnson told reporters that he did not think justice had been done and said, "I think we still have to apologize to this city" from Smollett.

Texts exchanged between Foxx and other members of the state prosecutor's communications team on Tuesday night show that the office was not prepared for the reaction.

In an SMS sent the day the charges were withdrawn, Foxx told Johnson that they had been fired because he had reached an agreement to pursue the lawsuits. As part of this deal, Foxx said, the actor paid "a refund of $ 10,000 to the city and completed the work in the general interest."

The state prosecutor's office also appeared to be upset by media reports that he had agreed to seal the Smollett court record without giving any explanation.

"We have not agreed to seal the court record," said Kiera Ellis, director of the prosecutor's external affairs, in a text in response to one of those articles. "An immediate seal of his record according to the law was granted … sheesh."

As criticism of the abandoned charges continued, Deputy State Attorney Risa Lanier sent a message to Magats expressing her frustration at the response.

"I would have liked to be able to anticipate the magnitude of this answer and plan a little better," she wrote.

"There is really no planning for that. It's the right decision, "replied Magats.

Foxx has asked the Inspector General of Cook County to open an investigation into the treatment of Smollett's case by his office, according to the Chicago Sun-Times.

"Ensuring that the community and I enjoy the trust of the community is paramount to me." That's why I asked for an independent review of this case, Foxx said in a statement. a statement released last week. "I welcome this survey and pledge to cooperate fully with my IG office. [Patrick] Blanchard directs his examination. "

Sam Levine contributed to this report.

  • This article originally appeared on HuffPost.

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