16 COUNTS

Kim Foxx: Jussie Smollett Is a ‘Washed Up Celeb Who Lied to Cops’

“Just because we can charge something doesn’t mean we should,” she texted her deputy.

Just after Empire actor Jussie Smollett was indicted on 16 counts of disorderly conduct, Cook County State’s Attorney Kim Foxx reportedly told her top deputy that Smollett was just a “washed up celeb who lied to cops” and called his charges excessive. “[W]hen people accuse us of overcharging cases... 16 counts on a class 4 (felony) becomes exhibit A,” Foxx told First Assistant Joseph Magats on March 8, according to texts obtained by the Chicago Tribune. She then went on to compare Smollett’s charges with that of rapper and accused sexual abuser R. Kelly. “Pedophile with 4 victims 10 counts. Washed up celeb who lied to cops, 16 [counts],” she wrote. “… Just because we can charge something doesn’t mean we should.” Foxx informally recused herself from the case after she admitted to having been in contact with one of Smollett’s relatives. In a statement Tuesday night, Foxx said she had reached out to Magats “to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority.” She also stated that she would continue to uphold “intentionality, consistency, and discretion” as “guiding principles.”