Despite Recusal, Prosecutor Told Deputy Smollett Overcharged

Despite Recusal, Prosecutor Told Deputy Smollett Overcharged
Cook County State's Attorney Kim Foxx speaks at a news conference, in Chicago, on Feb. 22, 2019 Kiichiro Sato/File via AP
|Updated:
CHICAGO—Despite recusing herself from the case, Chicago’s top prosecutor weighed in on the allegations against Jussie Smollett last month, telling a deputy that she believed her office had overcharged the “Empire” actor, according to newly released texts and emails.
The text message exchange unfolded more than two weeks before prosecutors dropped all criminal charges, the documents indicate. Cook County State’s Attorney Kim Foxx and her staff also scrambled later to explain the controversial March 26 decision to abandon the case against Smollett, who was accused of staging a racist, anti-gay attack on himself in January in downtown Chicago.