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Kim Foxx Says She Did Not Formally Recuse Herself From Jussie Smollett Case But Separated Herself From Decision Making

CHICAGO (CBS) -- Despite publicly stating she recused herself from the Jussie Smollett case, Cook County State's Attorney Kim Foxx's office told CNN it was not a formal recusal. Rather, Foxx separated herself from decision making out of an abundance of caution.

Meanwhile, the blacklash is growing. President Donald Trump piled on criticism, and Mayor Rahm Emanuel sent Smollett a bill.

"Ultimately, the Chicago police investigation revealed that you knowingly filed a false police report and had in fact orchestrated your own attack," the letter billing Smollett $130,106.15 stated.

The "Empire" actor was given seven days to hand over the money or face further legal action.

"The finance piece is a piece of it. It is acknowledgement that what you did on every level wrong," Emanuel said.

The money would be to cover the costs of the investigation and man hours the letter says could have been spent elsewhere.

"In that memo section he can write 'I'm sorry, and I'm accountable for what I've done,'" Emanuel said.

From detectives tracking down surveillance video first shown on CBS 2 to serving search warrants at brothers Ola and Abel Osundairo's home, where CBS 2 was allowed exclusive access inside, the letter says the conclusion of the investigation "revealed that you knowingly filed a false police report and had in fact orchestrated your own attack."

"I think it's just incredible in the case how he has completely been robbed of the presumption of innocence, and we really fault the CPD for that," said Tina Glandian, on of Smollett's attorneys.

Another member of his legal team later responded to Emanuel's comments in a statement, saying, "It is the Mayor and the Police Chief who owe Jussie - owe him an apology - for dragging an innocent man's character through the mud. Jussie has paid enough."

And with Smollett walking away from the 16 counts, Foxx is facing criticism for her office's handling of the case.

Trump called on the feds to get involved.

"That's a terrible situation. That's an embarrassment not only to Chicago. That is an embarrassment to our country," he said.

"The only reason Jussie Smollett thought he could take advantage of a hoax about a hate crime is for the environment, the toxic environment Donald trump created," Emanuel said.

Smollett's case was sealed as soon as the charges were dropped.

CBS 2, along with several other media outlets, was in court Thursday fighting for that case file to be unsealed.

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