"After the indictment became public, I reached out to Joe to discuss reviewing office policies to assure consistencies in our charging and our use of appropriate charging authority", Foxx said in a statement obtained by USA Today. "On a case eligible for deferred prosecution I think it's indicative of something we should be looking at generally", Foxx wrote.
"Yeah...it's not who we want to be", Foxx responded.
Magats then texted that he'd get with some other members of the state's attorney's office and "take a hard look at how we charge the cases and get it to something that covers what needs to be covered without being excessive and ultimately pointless".
The messages were among almost 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.
The materials shed light into the frustrations and pressure that Foxx's office was facing as it handled the Smollett case.
Smollett had faced the felony charges after a grand jury indictment on claims that he had staged a hate crime attack in Chicago in January.
Other texts showed prosecutor were blindsided by the response they got following their decision to drop the charges. But the States Attorney exempted many records from disclosure, citing privileged communications and the sealing of the court file after the charges were dropped. Assistant State's Attorney Risa Lanier, the lead prosecutor on the high-profile case, texted Magats hours after the charges were dropped.
"There's really no planning for this".
Foxx withdrew herself from the case in February after she had been in contact with one of Smollett's relatives early during the investigation. "It's the right decision".
Numerous text messages and emails released detail how the State's Attorneys office responded to the furor after the charges were dropped and defended their decision by releasing data on other cases.
In that same op-ed she said she'd "welcome an outside, nonpolitical review of how we handled this matter".
The communication between Foxx and Magats raised questions of whether she continued to take a role in the case after stepping away. Smollett, who was accused of hiring two men to fake an attack on him near his Streeterville home, forfeited $10,000 he'd posted for bond to the city of Chicago, and left the courthouse proclaiming his innocence.
In a March 1 message, Foxx asks Magats "How was this morning's meeting?" Apparently he's coming in to represent the Nigerian brothers in Smollet.
The move to drop charges has provoked fierce criticism. City officials since have filed a civil lawsuit, seeking to collect more than $130,000 spent on police overtime for investigators handling the case.
"Eddie just called. (He) needed to know how to answer questions from press", Foxx texted Magats, referring to Chicago Police Superintendent Eddie Johnson.