Jussie Smollett Case: Prosecutor Kim Foxx Questioned Overcharging a ‘Washed Up Celeb’ in Text

3 Min Read
Actor Jussie Smollett Appears Outside Of Court After It Was Announced That All Charges Have Been Dropped Against Him
Photo by Nuccio DiNuzzo/Getty Images

Ouch. Cook County Stateโ€™s Attorney Kim Foxx described Empire actor Jussie Smollett as a โ€œwashed up celeb who lied to copsโ€ in texts messages released Tuesday by her office in response to a public-records request by the Chicago Tribune.

Foxx compared Smollettโ€™s case to her officeโ€™s pending indictments against R&B singer R. Kelly in text messages to Joseph Magats, her top assistant, on March 8, the paper reported

โ€œPedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16 (counts),โ€ she wrote. โ€œโ€ฆ Just because we can charge something doesnโ€™t mean we should.โ€

Jussie Smollett "Empire" Series Season 2 New York Premiere
Photo by Getty Images

โ€œOn a case eligible for deferred prosecution I think itโ€™s indicative of something we should be looking at generally,โ€ Foxx continued.

Jussie Smollett, who is black and gay, maintains he told the truth in alleging that two masked men attacked him, yelling racist and anti-gay insults slurs. The actor also claimed that the assailants wrapped a rope around his neck and screamed, โ€œThis is MAGA country,โ€ before fleeing.

The eyebrow-raising messages were obtained through a Freedom of Information Act (FOIA) request by CBS Chicago.

[irp posts=]

The texts also show Foxxโ€™s office struggled to manage a tsunami of media requests after the charges were dropped against Smollett.

โ€œJust wish I could have anticipated the magnitude of this response and planned a bit better,โ€ Risa Lanier, Cook County Assistant Stateโ€™s Attorney, wrote in one message.

Jussie Smollett -US-Entertainment-TELEVISION-crime-SMOLLETT
Photo by E. Jason Wambsgans / POOL / AFP / Getty Images

In a statement Tuesday, Foxx said she contacted First Assistant Cook County Stateโ€™s Attorney Joseph Magats following Smollettโ€™s indicted to โ€œdiscuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority.โ€

โ€œI was elected to bring criminal justice reform and that includes intentionality, consistency, and discretion. I will continue to uphold these guiding principles,โ€ she added.

Foxxโ€™s office decided to drop all charges against Empire actor Smollett, who was accused of staging his own hate crime.