Chicago Prosecutors' Texts Over Jussie Smollett Case Reveal Frustration

The states attorneys office in Chicago was not prepared for the response over the handling of Empire actor Jussie Smollett s allegedly false hate crime report, according to thousands of text messages obtained by HuffPost.

After recusing herself from the case, Cook County States Attorney Kim Foxx called Smollett a washed up celeb and criticized the number of charges that were filed against him.

So......Im recused but when people accuse of overcharging cases ... 16 counts on a class 4 [felony] becomes exhibit A, Foxx said in a text message to First Assistant States Attorney Joseph Magats on March 8. She sent the message on the same day a grand jury indicted Smollett on 16 felony counts accusing him of faking a hate crime against himself.

Pedophile with 4 victims 10 counts, Foxx continued, referencing the criminal sexual abuse charges that were filed against accused pedophile R. Kelly two weeks earlier. Washed up celeb who lied to cops, 16 counts.

On a case eligible for deferred prosecution I think its indicative of something we should be looking at generally, she said. Just because we can charge something doesnt mean we should.

Its not who we want to be, she later added.

NEW from Chicago: Joe Magats, the first assistant state's attorney who made the final decision to drop the charges against Jussie Smollett, says in an interview: \"We didn't exonerate him.\"

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NEW from Chicago: Joe Magats, the first assistant state's attorney who made the final decision to drop the charges against Jussie Smollett, says in an interview: "We didn't exonerate him."
Julie Bosman (@juliebosman) March 26, 2019

The text messages, obtained through a Freedom of Information Act request, also show that Foxx continued to consult with her team even though she informally recused herself from Smolletts case. She announced she would no longer be involved in the case after her office revealed she had ties to potential witnesses, a spokesperson told NBC News at the time . Her recusal made Magats the acting states attorney for Smolletts case.

In a statement to CNN on Tuesday night, Foxx defended her communication with Magats and her team after her recusal.

Foxx said she reached out to Magats to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority.

I was elected to bring criminal justice reform, and that includes intentionality, consistency and discretion. I will continue to uphold these guiding principles, Foxx said on CNN .

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

Emanuel called it a whitewash of justice and claimed that Smollett was being let off scot-free because he was famous. Chicago Police Superintendent Eddie Johnson told reporters that he didnt think justice had been served and said, I think this city is still owed an apology from Smollett.

The text messages between Foxx and others in the states attorneys communications team released Tuesday night show that the office was unprepared for the backlash.

In a text message sent on the day the charges were dropped, Foxx said she told Johnson that they were dismissed because he had reached a deferred prosecution agreement. As part of the agreement, Foxx said, the actor paid $10k restitution to the city, and completed community service.