Jussie Smollett May Not Be Out The Woods: Kim Foxx’s Staff Didn’t Have The Authority To Drop Charges Against Him

Posted On : April 18, 2019
Jussie Smollett and Kim Foxx, Twitter

Pump The Breaks!

Jussie may not be completely out of the woods yet! After a series of leaked texts from District Attorney Kim Foxx surfaced earlier this week. It appears Joseph Magats, the First Assistant State’s Attorney who decided to drop the 16 felony charges against Jussie Smollett. He might have dropped the ball beings though he reportedly never had the legal authority to do so.

According to documents obtained by The Washington, Magats wasn’t legally eligible stand in nor to act as boss for Foxx.

Alan Spellberg, the county’s Criminal Appeals Division Supervisor, was not having it. Chief Deputy State’s Attorney and Chief Ethics Officer April Perry, and senior advisor Robert Foley all received emails February 20. Just one day after Kim Foxx’s recusal from the case was made public.

The email cited legal precedence behind recusals and stated. “My conclusion from all of these authorities is that the [sic] while the State’s Attorney has the complete discretion to recuse herself from any matter, she cannot simply direct someone (even the First Assistant) to act in her stead.”

Too Many Conflicts Of Interest

Foxx released a statement that she recused herself from the case “out of an abundance of caution”. She allegedly had a conversation she had with one of Smollett’s family members about the investigation. Magats was appointed to head the investigation after Foxx recused herself.

The conversation Foxx had was allegedly with former White House advisor Tina Tchen. The advisor reached out to Foxx on behalf of the Empire actor’s family to ask for the FBI to get involved. During the time she was concerned the Chicago PD was leaking information to the press.

To avoid a potential conflict of interest, Foxx’s entire office would’ve had to take themselves off the case. Instead they would’ve had to appoint a special prosecutor. However, Foxx kept it with her office and continued to be involved with the case.

This latest revelation comes just a day after various text messages surrounding the case were leaked. Which also revealed that Kim Foxx said Jussie Smollett was a “washed up celeb who lied to cops.”

Now we just wait to see if they try to reopen the charges or let him walk away.