By Nicole Darrah
Published February 20, 2019
The Cook County state's attorney has recused herself from the investigation surrounding Jussie Smollett, as Chicago police continue to dig into the alleged hate crime attack the actor claims occurred last month.
State's Attorney Kim Foxx recused herself on Tuesday, but it was not immediately clear why. First Assistant State's Attorney Joseph Magats will take over the case as acting state's attorney, Fox News has learned.
Foxx's recusal came as the Chicago Police Department rejected a tip the bureau received earlier Tuesday regarding the "Empire" actor's case.
Anthony Guglielmi, chief communications officer for the department, tweeted that the tip alleging that Smollett was spotted in an elevator in his building with two men who were initially considered suspects was "unfounded as it was 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 was walking home from a Subway restaurant. He claimed that the men shouted racial and anti-gay slurs at him, poured a chemical substance on him, threw a rope around his neck and shouted, "This is MAGA country!"
Investigators revealed on Friday that two suspects were questioned in connection with the alleged attack, but were released without charges "due to new evidence."
Chicago police said on Saturday that Smollett was no longer considered a victim in their investigation.
Smollett's attorneys, Todd S. Pugh and Victor P. Henderson, vehemently denied that the attack was a hoax, previously telling the press: "As a victim of a hate crime who has cooperated with the police investigation, Jussie Smollett is angered and devastated by recent reports that the perpetrators are individuals he is familiar with."
"He has now been further victimized by claims attributed to these alleged perpetrators that Jussie played a role in his own attack," the statement continued. "Nothing is further from the truth and anyone claiming otherwise is lying."
Separately, court documents recently obtained by Fox News reveal that Smollett was convicted for DUI and providing a police officer with false information. It was not immediately clear what information he lied to police about, but it's related to a vehicular charge. Smollett's legal team did not deny the arrest.