The two brothers involved in the Jussie Smollett hate hoax are expected to testify before a grand jury, according to sources who spoke to CBS News.

The evidence presented could lead to a felony indictment against Jussie Smollett for filing a false police report.

Via CBS News:

The Jussie Smollett mystery moved into a Chicago courthouse on Tuesday. Two brothers who said the actor paid them to stage an attack on him were talking to prosecutors, sources told CBS News. TRENDING: Unhinged Quebec Woman Pascale Ferrier Identified as Suspect in Case of Ricin Letter Sent to Trump White House The brothers spent the afternoon at the Cook County courthouse, where a grand jury was deliberating. It’s a possible sign of increasing legal peril for the actor who says he was assaulted three weeks ago. It was not immediately clear if they had actually testified yet, but they are expected to, according to sources. That could lead to an indictment of 36-year old Smollett.

On January 29th, ‘Empire’ actor Jussie Smollett told Chicago Police that two white Trump supporters ambushed him on the streets of Chicago at 2 AM while he was walking back to his apartment following a midnight run to Subway to grab a sandwich.

Smollett alleged the two white males recognized him as the actor from ‘Empire,’ hurled racist and homophobic slurs at him, poured bleach on him and put a noose around his neck.

The hate hoax began to unravel after it was revealed two Nigerian brothers, who were also extras on Empire were paid $4,000 to stage the attack.

The FBI and US Postal Inspection Service are investigating whether Jussie Smollett played a role in sending a threatening and racist letter crafted from magazine clippings to the ‘Empire’ studio in Chicago prior to the fake MAGA attack. (screenshot below)

Cook County State’s Attorney Kim Foxx officially recused herself from Jussie Smollet’s case on Tuesday, according to Chicago police.

No explanation was given for Foxx’s decision to recuse herself.

First Assistant State’s Attorney Joseph Magats will be the acting state’s attorney for the Smollett inquiry, a spokesperson said in an emailed statement Tuesday, reported NBC Chicago.

Jussie Smollett could face up to three years in prison for filing a false police report in the state of Illinois, a class 4 four felony.