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Jussie Smollett‘s lawyers say Chicago’s plan to sue the star for overtime costs racked up while investigating his alleged “hate crime” is “unconstitutional” — and they threatened to depose the city’s top cop and mayor.

In a response letter obtained by The Post that was sent to the Chicago Department of Law on the deadline Smollett was given to cough up $130,106.15, the Geragos & Geragos law firm wrote that Smollett will not be “intimidated” into paying up and the request was designed to “harass and irreparably injure Mr. Smollett.”

They said if a suit does go forward, they will request testimony from Chicago Mayor Rahm Emanuel, Police Superintendent Eddie Johnson and star witnesses Abimbola and Olabinjo Osundairo, the Nigerian brothers who claimed they were hired by Smollett to help him carry out the fake hate crime.

Last Thursday, Chicago’s Law Department sent a letter to Smollett’s lawyers demanding that Smollett pay the sum within seven days and that if he refused, they’d take legal action against him using a municipal ordinance that allows the city to charge residents for making false statements to the police.

Thursday night, Smollett hadn’t paid the sum and a Law Department spokesperson said the agency would move forward with a lawsuit “in the near future.”

The spokesperson cited prior cost recuperation cases that included a Chicago doctor who told police he was stabbed but who had actually cut himself.

Gary Hunninghake paid the city for the lost costs but did plead guilty to a lesser charge.

All 16 charges against Smollett were dropped.

Smollett’s lawyers said Chicago has never recuperated costs against defendants who had charges against them dropped.

The lawyers said that if the city continues with its suit, they will request the “entire investigation file,” including the full discovery that wasn’t given to the defense, and will ask that all records and hearings on the matter be open to the public. Smollett’s records currently are sealed.

The lawyers will also request testimony from the Osundairo brothers’ attorneys, Gloria Schmidt and Jorge Rodriguez.