As for reports that Smollett knew one or both of the Nigerian brothers, his lawyers said, "It is impossible to believe that this person could have played a role in the crime against Jussie or would falsely claim Jussie's complicity". If Smollett is ultimately found guilty, he could face up to three years in prison.
Update: Two hours after this information was released, it was revealed, as per Deadline, that Smollett was now being charged with federal disorderly conduct by the Cook County state's attorney.
In a joint statement issued to WBBM, the men said: "We are not racist". After questioning them, police released them without charges. "The state attorneys have approved the charge". The move was announced Tuesday.
See more on the case in the video below.
But Chicago police said there was no evidence to support that report.
Smollett has repeated stood by his account.
A California misdemeanor complaint against Jussie Smollett shows the actor was accused of identifying himself as his younger brother in 2007 when a Los Angeles police officer pulled him over on suspicion of driving under the influence.
In reality, the Osundairo brothers say they rehearsed the attack with Smollett in the days prior.
Once rumors began swirling and law enforcement sources came forward with new information, the Chicago Police Department confirmed on February 16 that the trajectory of its investigation had "shifted" toward Smollett.
New developments are unfurling in the midst of the Jussie Smollett case where the Empire actor alleges he was the victim of a racist and homophobic crime on January 29.
"We are trying to be diplomatic and reasonable, and we're hoping he does the same", police spokesman Anthony Guglielmi told AP.
Fox 32 Chicago reporter Rafer Weigel tweeted Wednesday that Smollett hired high-powered attorney Mark Geragos and that the actor's indictment may come in "a matter of hours". "Jussie Smollett continues to be a consummate professional on set and as we have previously stated, he is not being written out of the show", Twentieth Century Fox Television and Fox Entertainment said.
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