Jussie Smollett failed in a bid to get a new judge for a special prosecutor’s investigation into a hate hoax he orchestrated Wednesday.

Judge Michael Toomin is tasked with overseeing a prosecutorial review of Smollett’s court case. Criminal charges against the Empire actor were inexplicably dropped, with a Chicago District Attorney personally connected to the actor shutting down criminal proceedings in spite of overwhelming evidence suggesting Smollett filed a false police report.

The suspicious handling of the case led to Judge Toomin’s approval of a special prosecutor, who will have the authority to press charges against anyone involved in the improper adjudication of Smollett’s case, and the actor himself. Judge Toomin is yet appoint a special prosecutor.

The special prosecutor’s investigation represents the last chance for Smollett to face criminal charges related to his role in the February hoax, in which he paid two Nigerian brothers $3,500 to carry out a fake “attack” on him in which he was supposedly racially abused and doused with gasoline. Smollett originally described the Osundairo brothers, who carried out the hoax attack, as white Trump supporters clad in ‘MAGA’ hats.

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Smollett’s attack was determined to be a pre-planned hoax by Chicago police, who expressed their discontent when Smollett got off without facing any consequences on account of his insider connections to Chicago prosecutors.

Smollett’s attorneys have pledged to continue to fight back against Judge Toomin, hoping to put a lid back onto court proceedings regarding the actor’s hoax. Unfortunately, the evidence suggesting Smollett’s criminal activities- which includes sworn testimony from the Osundairo brothers confirming they were hired to enact the hoax- makes it unlikely he’s going to escape scot-free once more as he did previously.

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