Texts: Chicago prosecutor called Smollett 'washed up celeb'

Kim Foxx and Jussie Smollett

Enlarge Image Kim Foxx and Jussie Smollett Getty Images

Foxx's office released a series of text messages between her and First Assistant Joseph Magats which took place on March 8, just before the 16-count indictment against Smollett was announced.

In the text messages, Foxx reportedly calls Smollett a "washed up celeb who lied to cops".

She continued, "Pedophile with 4 victims 10 counts".

"It's not who we want to be", she concludes. It also lays out Foxx's reasons for dropping the charges, noting, "Just because we can charge something doesn't mean we should". "Washed up celeb who lied to cops, 16 (counts)", she wrote.

That decision created a firestorm of protest from local officials.

The texts were included in thousands of pages of texts and emails related to the Smollett case released by the State's Attorney's Office late Tuesday. Prosecutors ultimately dropped all charges against Smollett.

But they show that the office was largely caught flat-footed by the massive response from the news media to its own stunning reversal.

"Just wish I could have anticipated the magnitude of this response and planned a bit better!" But the States Attorney exempted many records from disclosure, citing privileged communications and the sealing of the court file after the charges were dropped.

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

"It appears as if Jussie's press person may have notified the press", Lanier texted three spokespeople on the morning the case was dismissed.

Police at the time said the attack was a publicity stunt because the actor was upset about his pay on the show.

Foxx texted back and apparently compared the Smollett case to the sex abuse charges against singer R. Kelly. "(He) needed to know how to answer questions from press". "Paying $10k restitution to city, and completed community service".

"He seemed satisfied with the explanation", Foxx told Magats. Chicago Police Supt. Eddie Johnson said police have the check.

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.

Foxx had originally recused herself from the case because she said she had conversations with a family member of Smollett when she still thought Smollett was the victim of a crime.

The city has sued Smollett for the $130,000 in police overtime spent investigating the alleged hoax.

The move to drop charges has provoked fierce criticism.

Prosecutors eventually dropped the charges against Smollett. Foxx's office has since said that when an interoffice email to senior staff stated that Foxx was "recused" in the case, the term was used in a colloquial, not a legal definition.

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

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