Chicago police announced Wednesday that Jussie Smollett, the "Empire" actor who claims to have been the victim of a "MAGA" assault last month, is now classified as a felony suspect.

"Jussie Smollett is now officially classified as a suspect in a criminal investigation by #ChicagoPolice for filing a false police report (Class 4 felony)," Chicago Police Department chief communications officer Anthony Guglielmi tweeted. "Detectives are currently presenting evidence before a Cook County Grand Jury."



Case Update: Jussie Smollett is now officially classified as a suspect in a criminal investigation by #ChicagoPolice for filing a false police report (Class 4 felony). Detectives are currently presenting evidence before a Cook County Grand Jury. pic.twitter.com/FhDcbBKsuU — Anthony Guglielmi (@AJGuglielmi) February 20, 2019



Smollett has so far refused to meet with police a second time ever since investigators began looking at the possibility that the attack Smollett reported may have been staged.

Police opened a hate crime investigation Jan. 29 after Smollett, who is black and gay, claimed he was assaulted by two white men who shouted racial slurs, poured a chemical on him, and put a noose around his neck. Smollett also said the men told him this was "MAGA country," a reference to Trump's "Make America Great Again" slogan.

Two Nigerian-American brothers were brought in by police after being identified as the possible suspects, but were released without charges on Jan. 15 and said in a statement released by their lawyer that they were fully cooperating with police.

Police sources told CNN the two had been paid thousands of dollars by Smollett to stage the attack, an accusation that Smollett denied through his lawyers. Records show the brothers bought the rope at a local hardware store.

Earlier in the day Tuesday, the brothers, identified as Olabinjo Osundairo and Abimbola Osundairo, met with investigators and prosecutors on Tuesday and the head prosecutor of Cook County recused herself from the investigation citing "familiarity" with a potential witness in the case.

Smollett's lawyers confirmed they were keeping an "open dialogue" with police, but said they were not allowing police to speak directly with him. There's no information about whether Smollett has been taken into custody yet or not.