Chicago’s top prosecutor Kim Foxx thought Jussie Smollett was a “washed up celeb” who was charged excessively, according to new text messages obtained through the Freedom of Information Act.

State Attorney Kim Foxx plans to expunge thousands of marijuana convictions

Although Foxx recused herself from the case involving Smollett, who was charged with 16 felony charges for allegedly orchestrating a fake hate crime, she may have still been stirring the pot, according to the March 8th messages obtained by The Post.

In messages, Foxx said to First Assistant Cook County State’s Attorney Joe Magats, who assumed the case after she reportedly stepped down, that “I’m recused.” She then seemed to disagree with the number of charges the Empire star was facing.

“Sooo …… I’m recused, but when people accuse us of overcharging cases … 16 counts on a class 4 becomes exhibit A,” Foxx wrote in her messages.

“Yes. I can see where that can be seen as excessive,” Magats replied.

Foxx then argued that Smollett’s 16 felony counts of disorderly conduct for lying to cops was overkill, given that an alleged sexual predator, R. Kelly, was only charged with 10 felony sex-abuse charges.

“Pedophile with victims 10 counts. Washed up celeb who lied to cops, 16. On a case eligible for deferred prosecution I think it’s indicative of something we should be looking at generally,” Foxx continued.

“Just because we can charge something doesn’t mean we should.”

“Agreed,” Magats answered. “I’ll get with Risa and Jim. With him taking over we can 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,” Magats said.

The text could prove that Foxx had a heavy hand in deciding that Smollett’s charges were excessive enough to drop altogether.

However, Magats made it clear, “I do not believe he is innocent.”

Kim Foxx says she won’t be resigning

On Tuesday, Foxx released a statement defending her messages.

“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,” the statement said.

Last week, the city of Chicago filed a lawsuit against Smollett seeking three times the damages it said it incurred in the investigation of a hate crime that authorities allege the Empire actor staged.

Chicago officials previously said they intended to sue Smollett after he refused a demand by the city for $130,000 to cover police overtime costs to investigate the actor’s claims.