Cook County, Ill., State’s Attorney Kimberly Foxx never legally recused herself from the Jussie Smollett case, her office said Thursday.

“The State’s Attorney did not formally recuse herself or the Office based on any actual conflict of interest,” Foxx’s spokeswoman Tandra Simonton said in a statement, two days after the charges against the “Empire” actor were dropped. “As a result, she did not have to seek the appointment of a special prosecutor under [state law].”