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Actor Jussie Smollett, pictured in a February 2020 file photo, is expected to be in court this week to face felony charges related to his January 2019 report of being allegedly attacked in Chicago by two supporters of then-President Donald Trump. (Nuccio DiNuzzo / Getty Images)

 By Jack Davis  November 28, 2021 at 10:59am

Jussie Smollett will finally face a trial for his 2019 stunt in which he claimed he was the victim of a racist, homophobic attack in Chicago.

Smollett claimed two masked men approached him as he was walking home on Jan. 29, 2019, and made racist and homophobic insults,  Fox News reported.

The actor, who was starring in the Fox Entertainment series “Empire” at the time, said his attackers yelled, “This is MAGA country” (a reference to former President Donald Trump’s “Make America Great Again” slogan), poured a  liquid on him that he thought was bleach and placed a noose-like rope around his neck.

However, the account has since been discredited by the two men Smollett reportedly paid to conduct the “racist and homophobic” assault — brothers Abel and Ola Osundario.

The brothers will testify in the trial, which begins Monday, according to their attorney, Gloria Rodriguez, according to The Associated Press.

They will claim Smollett was the star of an “attack” designed to take place near a surveillance camera, Rodriguez said.

She said they will testify that Smollett had them conduct what she called a “dress rehearsal.”

“He was telling them ‘Here’s a camera, there’s a camera and here’s where you are going to run away,’” Rodriguez said, according to AP.

Smollett faces six felony counts of disorderly conduct related to making false statements to police, according to the Chicago Sun-Times.

The maximum sentence on the charges is three years in prison, although Smollett could be sentenced to nothing more than probation, the Sun-Times reported.

Jussie Smollett makes rare public appearance at his film’s premiere days before next court datehttps://t.co/uPnFoGXNiI

— Fox News (@FoxNews) November 22, 2021

The scene for the trial was set last month when Judge James Linn rejected arguments from the actor’s lawyer that the charges against him should be dismissed, according to Fox News.

The claim being made was that under a deal with Cook County prosecutors in which charges were dropped without a trial taking place, Smollett performed community service and forfeited a $10,000 bond.

However, amid a firestorm of controversy over the deal, a special prosecutor was appointed who levied additional charges of lying to police against Smollett.

To have Smollett “hauled back into court again” would violate Smollett’s due process rights, attorney Nenye Uche said, according to USA Today.

“It’s as clear as day – this case should be dismissed because of an immunity agreement,” Uche said. “A deal is a deal. That’s ancient principle.”

Sean Wieber, an attorney with the special prosecutor’s office, said that claim should be “summarily dismissed.”

Should Jussie Smollett go to prison?

“We have already dealt with this before,” he said, according to USA Today. “Nothing we’ve heard today changes one iota (of the case). This can be comfortably denied.”

In a July hearing, Linn explained his reasoning for allowing the trial to go forward to a legal conclusion.

“There was no trial in this case, there was no jury empaneled, no witnesses were sworn, no evidence was heard, no guilty pleas were ever entered … nothing like that happened,” Linn said of the case, according to WGN-TV. “There was no adjudication of this case.”

Jack Davis is a freelance writer who joined The Western Journal in July 2015 and chronicled the campaign that saw President Donald Trump elected. Since then, he has written extensively for The Western Journal on the Trump administration as well as foreign policy and military issues.

Jack Davis is a freelance writer who joined The Western Journal in July 2015 and chronicled the campaign that saw President Donald Trump elected. Since then, he has written extensively for The Western Journal on the Trump administration as well as foreign policy and military issues.

Jack can be reached at [email protected]

Location

New York City

Languages Spoken

English

Topics of Expertise

Politics, Foreign Policy, Military & Defense Issues

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