In her petition, O’Brien highlighted how Foxx recused herself early in the investigation after communicating with a Smollett relative — only to later claim that it was not a recusal “in the legal sense” that would have required the entire office to withdraw from the prosecution. Communications later released to the Tribune showed Foxx had asked police Superintendent Eddie Johnson to turn over the investigation to the FBI after she was approached by Tina Tchen, former chief of staff to first lady Michelle Obama.