Texts Reveal Why Prosecutor Refused to Go After Jussie Smollett
At the time, Foxx claimed to have recused herself from the case; however, that didn't prevent her from complaining to her lieutenants that the office overcharged the actor.
Per Fox News:
Foxx compared Smollett’s case to her office’s pending indictments against R&B singer R. Kelly in text messages to Joseph Magats, her top assistant, on March 8, the paper reported
“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.”
"On a case eligible for deferred prosecution I think it’s indicative of something we should be looking at generally,” Foxx continued.
Foxx and Magats continued to communicate via text message about aspects of the investigation. On March 3, Magats reported that he gave Foxx’s phone number to Michael Avenatti, who had joined the case, according to text messages.
Although Foxx issued a statement on February 19 claiming to rescuse herself from the case, prosecutors argued last month that she remained in charge behind the scenes.