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Attorney, former judge file petitions to have State's Attorney Kim Foxx investigated over handling of Jussie Smollett case

Foxx is accused of interfering in the case

Scott Olson/Getty Images

A Chicago attorney and a former judge have both filed a petition to start an investigation into whether Cook County State's Attorney Kim Foxx interfered in the Jussie Smollett investigation.

Here's what we know

In his petition, which was submitted on Thursday, attorney Saani Mohammed said that the Smollett case was "plagued with irregularity." Mohammed used to be a Cook County prosecutor.

"The way the case was dismissed, it was not appropriate," Mohammed said, according to WMAQ-TV. "It makes it appear there are two separate justice systems, one for the wealthy and one for 'we the people.'"

Former Illinois Appellate Court Judge Sheila O'Brien also submitted a similar petition on Friday. O'Brien specifically expressed concern about how Foxx had initially said that she had recused herself from the Smollett investigation, but later said that her recusal wasn't one "in the legal sense" of that word.

Foxx had recused herself due to "familiarity with potential witnesses in the case," according to a spokeswoman with her office.

CNN obtained texts and emails showing that Foxx had communicated with Tina Tchen, the former chief of staff for Michelle Obama and a family friend of Smollett. In the messages, Foxx assured Tchen and another unidentified Smollett family friend that she was working to get the FBI to take over the investigation. The unidentified person said that "would be a huge victory."

The Chicago Police Department has also called on Foxx to resign, and demanded that Smollett reimburse them $130,000 for the overtime spent on investigating his case.

What did Kim Foxx say?

Foxx has denied wrongdoing and insisted she will not step down.

"I was elected by the people of Cook County to pursue community safety, prevent harm, and uphold the values of fairness and equal justice. I'm proud of my record in doing that, and I plan to do so through the end of my term and, if the people so will it, into the future," she said on Thursday.

One last thing…
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