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Just after news broke that Jussie Smollett had been indicted on 16 felony counts, Cook County State’s Attorney Kim Foxx told her top deputy that Smollett was a “washed up celeb who lied to cops” and the number of felony counts he faced was excessive, communications obtained by the Tribune show.

“Sooo…...I’m recused, but when people accuse us of overcharging cases...16 counts on a class 4 (felony) becomes exhibit A,” she sent in a text message to First Assistant Joseph Magats on March 8.

In the texts with Magats, Foxx went on to compare Smollett’s case to the office’s recent indictment of R&B singer R. Kelly on 10 charges of aggravated criminal sexual abuse.

“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.”

Smollett, who is African-American and openly gay, had been indicted on 16 counts of disorderly conduct on charges he staged a hate crime attack on himself, but Foxx’s office abruptly dropped all the charges less than three weeks later in a surprise decision that drew heavy criticism.

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