Kim Foxx, the recused Cook County State's Attorney who is facing scrutiny for her handling of the Jussie Smollett case, broke her silence on Wednesday to defend her office's decision to drop the charges against him.
In a series of interviews with local news outlets in Chicago on Wednesday, Foxx stood behind her assistant Joseph Magats' decision to let Smollett go scot-free after completing community service and paying a $10,000 bond forfeiture, and said it was in keeping with the circumstances of the case.
Smollett was first charged with one count of felony disorderly conduct by prosecutors then was hit with an additional 15 charges by a grand jury.
He was facing up to 48 years behind bars but Foxx said he likely would not have gone to jail and that anyone who disagreed did not understand the 'intricacies' of the law.
'Right now, there's a lot of emotion. And I wholeheartedly believe that in our work we cannot be driven by emotions. We have to be driven by facts.
'For people who are in the weeds of this, we recognize that the likelihood that someone would get a prison sentence for a Class 4 felony is slim.
'No two cases are the same...this is not what it looks like on Law & Order, right?' she told local radio station WBEZ.
Scroll down for video
Kim Foxx, the recused Cook County State's Attorney who is facing scrutiny for her handling of the Jussie Smollett case, stood by her office's decision on Wednesday and said Smollett got off because it was the lowest class of felony and he has no criminal background
Why were the charges dropped if the State's Attorney's office says he is guilty?
First Assistant State's Attorney Joseph Magats said he decided to drop the charges because Smollett is not a violent threat to the community and because his office prioritizes violent crimes.
He admitted that he thinks Smollett is guilty and said the evidence stands up but claims because Smollett has no prior criminal background, justice has been served.
Few are satisfied with that answer and say the real reason is more nefarious.
Why was the case sealed?
On Tuesday, a judge granted Smollett's attorney's motion to seal the case but there is no written record of it and now it has been wiped from the court's records.
The judge did not ask a single question about why the case was suddenly dropped or how the decision had been reached.
Smollett initially said he welcomed the trial and wanted cameras inside for the public to see the evidence.
Now, critics are demanding to see it all and say that if he is innocent, he has nothing to hide.
His lawyers have not said why they wanted the records sealed.
Why did he do community service and pay $10,000 if he is innocent?
Smollett's attorneys insisted the outcome was not a plea deal but legal experts have unanimously described it as unusual for a defendant to complete community service and pay the city if he is innocent.
The State's Attorney's office said on Tuesday that the charges would not have been dropped if he had not completed it.
When did they reach a deal and why was it done in secret?
The State's Attorney's office will not give details about its interactions with Smollett in the days before the announcement.
It remains unclear how long it has been discussing this outcome with his attorneys and what other options, if any, were discussed to reach this point.
What really happened on the night of the attack if Smollett did not stage it?
There is still no explanation for why brothers Abel and Ola Osundairo attacked Smollett, who they were friends with and trained with at the gym, if he did not ask them to.
Smollett's attorneys say the pair were 'absolutely lying' by saying that he asked them to do it to boost his profile but they do not know why else they did it.
Prosecutors have not given any alternative scenario and they say the evidence, that Smollett orchestrated it, stands up.
The brothers' lawyer no longer represents them and they have not spoken. They previously said they felt 'betrayed' by Smollett.
'The fact that people pick and choose which cases are most important I think breaks my heart.
'This is not in anyway different that we've treated others,' she said. I did not but I am glad you asked. I hired the first ever chief ethics officer that this office has ever had.
'It was not unusual for me to talk to a victim in a case,' she said.
Later, in an interview with NBC, she defended her interaction with one of his family members and boasted about recusing herself over it.
'At the time that I engaged with this family member, Mr. Smollett was considered a victim.
'What was of concern to me was that that contact could not, would not, be construed, the appearance of it,
