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The judge in the Jussie Smollett case is standing by his decision to appoint a special prosecutor — who could possibly bring new criminal charges against the “Empire” actor.

Cook County Judge Michael Toomin denied a request on Wednesday by Smollett’s legal team to get the establishment of the special prosecutor thrown out, saying the decision was final.

Retired appellate court Judge Sheila O’Brien had filed a petition in April — ordering a probe of State’s Attorney Kim Foxx’s handling of Smollett’s criminal case after she chose to drop his charges.

Smollett, 37, had been accused of faking a hate crime against himself and filing a false police report.

“This was not about whether Jussie Smollett’s guilty or not guilty,” O’Brien told the Chicago Sun-Times, calling Wednesday a “good day for justice” following the move by Toomin.

“No. It was about Kim Foxx and her duties as a state’s attorney and whether she fulfilled her duties as the state’s attorney in this case,” O’Brien said.

Smollett’s lawyers on Wednesday argued that he wasn’t being treated fairly.

“We were obviously aware of these proceedings. However, we were not aware that the court’s order was going to go as far as it did,” attorney Tina Glandian told Toomin. “It actually boggles my mind that he wouldn’t be allowed to intervene in light of the court’s order.”

Toomin fired back, “Re-prosecution … may only occur if considerations are met, i.e., reasonable grounds exist to re-prosecute Mr. Smollett. Whatever my opinion might be really has no bearing because that is up to the special prosecutor.”

Toomin has yet to announce who he will be appointing as special prosecutor. He reportedly gave no indication on Wednesday of when he might do so.

With Post wires