Foxx thought 16 counts against Jussie Smollett was ‘overcharging’

Kim Foxx

Cook County State's attorney Kim Foxx

While Cook County Attorney Kim Foxx believed the charges levied against Jussie Smollett were excessive, she clearly thinks he's guilty of lying to the cops.

She also compared the case against Smollett, 36, to her office's sexual abuse case against embattled R&B singer R. Kelly, to whom she referred as a "pedophile".

Smollett found himself at the center of an worldwide 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.

That decision created a firestorm of protest from local officials.

"Sooo.... I'm recused, but when people accuse us of overcharging cases.16 counts on a class 4 (felony) becomes exhibit A", Foxx said in the message.

In a statement Tuesday night, Foxx claimed she was speaking generally and not about Smollett's case.

Foxx announced to her staff that she was recusing herself from the case on February 13 and had turned Smollett's prosecution over to her top deputy.

The majority of documents released Tuesday do not deal with the substance of the case and do little to illuminate why prosecutors chose to dismiss the charges so soon after bringing them.

A lawyer for Smollett, who portrays a gay musician on Fox's "Empire", said the actor "vehemently denies" accusations of making false statements to police and "will not be intimidated into paying the demanded sum".

Joseph Magats, the First Assistant in the State's Attorney's office, ultimately made the decision not to prosecute the case.

The communications were obtained by the Chicago Tribune and other media outlets in response to a public records request. 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. Text messages would appear to show Foxx's top deputy, Magats, reached out to Johnson's chief of staff, Robert Boik, the morning of the hearing where Smollett's charges were dropped.

The communication between Foxx and Magats raised questions of whether she continued to take a role in the case after stepping away.

During a recent episode of her panel talk show, The Real, Love said that Smollett reached out to her over this past weekend about his legal issues and where he plans on going from here.

Nonetheless, charges against Smollett were announced the next day, and a grand jury indictment was handed up two weeks later.

Jussie Smollett has confided in a select few of his celebrity peers since his alleged hate crime scandal, and the latest public figure to open up about her conversation with the embattled actor is comedian Loni Love. Apparently he's coming in to represent the Nigerian brothers in Smollet.

After the charges were dropped, Foxx went on the offensive.

Cook County's Inspector General Patrick Blanchard has begun an investigation into how Foxx's office handled the case.

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