Foxx thought 16 counts against Jussie Smollett was ‘overcharging’

State’s Attorney Kim Foxx thought her office may have been “overcharging” Jussie Smollett in his alleged hate crime case, and compared the 16 felony counts facing the “washed up actor” to the 10 counts of sex abuse filed against R. Kelly.

Foxx texted a staffer the day a grand jury handed up the 16-count indictment against Smollett, noting that she’d already recused herself from the case and making an unfavorable comparison to the counts against Kelly filed just weeks earlier.

“Soo…. I’m recused, but when people start accusing us of overcharging cases… 16 counts on a Class 4 becomes exhibit A,” Foxx texted the night the indictment was announced.

“Yes I can see here that can be seen as excessive,” the staffer replied.

“(A pedophile) with 4 victims 10 counts. Washed up celeb who lied to cops, 16. On a case eligible for deferred prosecution I think it’s indicative of something we should be looking at generally,” Foxx continued. “Just because we can charge something doesn’t mean we should.”

The messages were among nearly 200 pages of screenshots of texts exchanged between Foxx and her top staff, included alongside more than 3,600 pages of emails — and a 36-page spreadsheet detailing records the office determined could not be released to the public because records in Smollett’s case were sealed the day the charges were dropped.


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