It also represents bad news for Smollett, who potentially could be recharged by a special prosecutor. The whole episode has been costly for Smollett, who won’t return to his role for the final season of the Fox series “Empire.” He also faces a lawsuit from the city of Chicago seeking to recoup the cost of police overtime for investigating the incident, and his attorneys have been sued for defamation by two brothers who claim Smollett paid them to help stage an attack on him.