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Cook County state attorney recuses himself from Jussi Smollett case

Cook County State Attorney Kim Foxx has recused himself of the investigation to the surrounding Jussi Smollet alleged hate crime attack, Fox News has learned.
(AP/Getty)

The Cook County state’s attorney has recused himself of the investigation to the surrounding Jussi Smollett, as the Chicago police continue to dig in the alleged hate crime attack of the actor claims it happened last month.

State’s Attorney Kim Foxx recused themselves on Tuesday, but it was not immediately clear why. First Assistant State’s Attorney Joseph Magats of the acquisition of the case as acting state’s attorney, Fox News has learned.

JUSSI SMOLLETT LAWYERS DENY THAT HE PLANNED THE ATTACK AFTER THE POLICE OF CHICAGO CLAIM THAT HE IS NO LONGER CONSIDERED A VICTIM IN THE CASE

Foxx’s recusal came as the Police in Chicago refused a tip the agency received earlier Tuesday with regard to the “Kingdom” of actor case.

Jussi Smollett research: How we got here and what’s next

Anthony guglielmi, chief communications officer for the department, tweeted that the tip claimed that Smollett was spotted in an elevator in his building with two men, who were initially regarded as suspects, was “without merit, or if it is not supported by video evidence obtained by detectives.”

Smollett, who is openly gay, and black, reported that on Jan. 29, he was attacked by two masked men as he walked home from a Subway restaurant. He claimed that the men shouted racist and anti-gay slurs at him, poured a chemical substance on him, threw a rope around his neck and cried, “This is BIG country!”

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The researchers revealed on Friday that the two suspects were questioned in connection with the alleged attack, but were released without charge “by new evidence.”

Chicago police said Saturday that Smollett was no longer considered a victim in their research.

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Smollett’s attorneys, Todd S. Pugh and Victor P. Henderson, vehemently denied that the attack was a hoax, previously told the press: “As a victim of a hate crime who has cooperated with the police investigation, Jussi Smollett is angry and devastated by the recent reports that the offenders are people that he knows.”

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“He now has more victims of claims attributed to these alleged perpetrators that Jussi played a role in his own attack,” the statement continues. “Nothing is further from the truth, and anyone who claims otherwise is lying.”

Separately, court documents recently obtained by Fox News shows that Smollett was sentenced for DUI and providing a police officer with false information. It was not immediately clear what information he lied to the police about it, but it is with respect to a vehicle charging. Smollett’s legal team did not deny the arrest.

Fox News’ Mike Tobin and Matt Finn contributed to this report.

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