Empire

Jussie Smollett now has a fight on his hands on 2 fronts, because the City of Chicago is not backing down from its lawsuit to recover the cost of investigating what authorities say was a fake "attack."

Multiple sources tell us, the City of Chicago could drop its case against Jussie to recover nearly half a mil but if he's convicted in criminal court the judge would almost certainly order restitution on behalf of the City.

Thing is ... it makes total sense for the City to press on with its lawsuit, despite the Special Prosecutor reinstituting 6 felony criminal charges against him. The standard of proof in a criminal case is way harder to meet than in a civil case. In a criminal case, the proof needs to be 99% solid against Jussie. In a civil case, it just has to be 51% - 49%.

Now, the new problem facing the City is that Jussie will almost certainly take the 5th against self-incrimination in the civil lawsuit because of the looming criminal case. In Illinois, if a defendant takes the 5th in a civil case, the judge can tell the jury it can conclude that person is hiding something.

One thing we know ... Abel and Ola Osundairo -- the 2 brothers who Jussie says attacked him -- will testify that the whole thing was a setup masterminded by Jussie.

It's an interesting situation because Jussie has brought the Osundairo brothers in as a defendant in the City of Chicago's lawsuit, claiming they did indeed attack him. It's gonna be hard to prove that if he doesn't take the stand.

Jussie Smollett is facing felony charges in Chicago again -- the special prosecutor just announced an indictment against the actor for the alleged homophobic attack against him last year.

A grand jury handed up the new indictment against Jussie on Tuesday. Dan Webb was appointed special prosecutor for the case last summer. We're told he's now facing 6 felony counts for lying to law enforcement. The indictment calls the 6 charges "disorderly conduct," but all 6 involve allegations of lying to cops.

This effectively re-opens the controversial case that led to Smollett getting fired from "Empire."

Special Prosecutor Webb says Jussie "planned and participated in a staged hate crime attack, and thereafter made numerous false statements to Chicago Police Dept. officers."

Webb adds the new charges -- pared down from 16 to 6 -- were re-filed "in the interest of justice." Webb was critical of the State's Attorney who dismissed the case, saying Kim Foxx's office had no additional evidence from what the Grand Jury had when they indicted Smollett in the first place, so the dismissal made no sense.

Jussie and his attorneys had staged a legal battle against the special prosecutor, saying it would expose him to double jeopardy. That effort was shot down in court. You'll recall Cook County prosecutors dropped all 16 felony counts against Smollett in March 2019 ... calling it a "just disposition and appropriate resolution," but not an exoneration.

That decision pissed off Chicago law enforcement -- and in August, Webb was appointed special prosecutor to investigate how the case was handled, and if there was any reason to renew charges.

FOX32 in Chicago first reported the indictment.

A source connected to Jussie tells us, "The officers who re-investigated the case are the same ones who originally investigated it. These officers are currently being sued by Smollett. They have also spent taxpayer money on having these officers go to Los Angeles and harass members of Smollett's team and friends."

We're told Jussie still maintains his innocence, and finds the timing of the indictment interesting -- because Cook County State Attorney Kim Foxx is up for re-election next month. He plans to plead not guilty.

Jussie will be arraigned February 24. We're told he faces up to 3 years in state prison if convicted.

You'll recall, Jussie claimed he was attacked on a frigid night in Chicago by 2 white men who put a rope around his neck and doused him with bleach while yelling racial and homophobic slurs.

However, 2 black men -- brothers Abel and Ola Osundairo -- were eventually detained, and told police Jussie paid them to stage the whole attack.

After the new indictment, the Osundairos' attorney, Gloria Schmidt, says they remain "fully committed to the public knowing the truth" about the so-called attack -- and will cooperate with the investigation. However, they did not testify before the new grand jury. Instead, the panel relied on the brothers' previous testimony.

Bryshere Gray -- aka Yazz, aka Hakeem Lyon on "Empire" -- told cops he engaged in a food fight with a 7-Eleven clerk ... after she falsely accused him of spitting on the floor.

According to police body cam footage -- obtained by TMZ -- the actor was questioned about his altercation inside the Orlando store last month, which Gray claims started because the guy he was with spit on the floor and the cashier didn't approve. Imagine that.

Bryshere says she snapped, and even after he started cleaning up his friend's spit she continued to bark at him ... and then allegedly threw something at him.

Yazz says he returned fire by hurling a bag of chips at her before deciding to leave ... and he's sure the store's security footage will back up his claim she attacked first.

However, the clerk clearly points the finger at the "Empire" star as the spitter when she speaks with police, and tells them she wants to press charges because he cussed her out and threw stuff at her first. She's also confident the cameras will prove her right.

Law enforcement sources tell us no arrests were made due to the conflicting statements and a lack of physical injuries ... but the clerk does want to press charges. Gray told cops he didn't want to go that route.

Jussie Smollett is on a mission to give children in Flint something to believe in ... donating money to kids programs and helping organize a backpack and toy drive for Christmas.

Sources close to Jussie tell TMZ ... the actor recently paid a surprise visit to Flint, Michigan with youth and environmental activist, Mari Copeny AKA Little Miss Flint, and together they helped surprise a school with new backpacks and toys.

Jussie took his good deeds one step further ... we're told he donated $10,000 to the Flint KIDS program.

We've seen this kind of gesture from Jussie before ... last year, he donated $125,000 to various charities ahead of the holidays, including Flint KIDS and the Black AIDS Institute.

Parents at the toy drive tell us Jussie appeared to be in great spirits, and he made the kids feel like their Christmas is complete.

One of Jussie Smollett's alleged "attackers" is on a roll -- shortly after starring in his first movie ... he's hanging out with one of the biggest celeb athletes in the world.

Abel Osundairo met up with Floyd Mayweather this weekend at the undefeated fighter's gym in Las Vegas ... then hit up his club later on for more face time with the boxing champ.

We broke the story ... Abel's been training with Floyd's renowned trainer, Nate "The Snake" Jones, in order to advance his own promising boxing career after winning a title in Chicago's Golden Gloves tourney in April -- a fight that wasn't staged!

We're told Abel's preparing to give it a shot at the 2020 Summer Olympic Games in Tokyo -- representing his home nation, Nigeria -- and meeting with Money Mayweather should provide a ton of inspiration.

The Osundairo bro isn't just succeeding in boxing either ... he's on the up and up in the showbiz world too. We broke the story ... he landed the lead role in the low-budget film, "Friends Family & Lovers," directed and cowritten by the guy who also cowrote the Master P produced comedy "I Got the Hook-Up 2."

It didn't earn any Golden Globes noms or anything ... but still. Ever since being linked to Smollett's "hate crime" in Chicago on that bitter, cold night in January ... Abel's been heating up.

Can't say the same for Jussie.

Amanda Detmer -- the actress who plays Tracy on "Empire" -- is in hot water after cops say she left the scene of an accident ... and was driving under the influence.

Detmer was arrested for DUI Sunday night in Chico, CA, after allegedly smashing her vehicle into a utility pole and then taking off. Law enforcement tells TMZ ... it responded to a report about the pole and conducted a search of the area, eventually locating a vehicle with severe front-end damage.

Cops say Detmer was driving it, and when they pulled her over they confirmed she was responsible for the collision. Their investigation also determined she was drinking and driving.

She was placed under arrest and is now facing charges of DUI and leaving the scene of a traffic collision.

One of the brothers who admitted to carrying out an elaborate hoax to make it look like Jussie Smollett was the victim of a hate crime is back to acting -- before the ex-"Empire" star.

Abel Osundairo will be making his acting debut in the upcoming low-budget film, "Friends Family & Lovers," and not only that ... he's playing the main character, Dushon.

The movie's directed and co-written by Michael Ballard, who also co-wrote the Master P produced comedy "I Got the Hook Up 2," and is set to screen this weekend at the University of Chicago.

Judging by the trailer, 'FF&L' isn't going to be in the mix for a Best Picture nom, but still ... a gig's a gig, and it's more onscreen work than Smollett's gotten since his fiasco in Chicago.

As we reported ... Jussie's "Empire" character was written out of the show after his alleged hoax and got renewed in April without him.

His acting career's been on hiatus ever since, and it seems he's much more busy battling the City of Chicago. In fact, he just filed a countersuit against the city claiming malicious prosecution.

Jussie also included the Osundairo brother in his suit, which their lawyer called a sad attempt to falsely smear them.

At least Abel's not letting it stop him from launching his acting career.

Jussie Smollett has taken the offensive ... he's now suing the City of Chicago, claiming officials created a narrative that he was the mastermind of a hoax attack, and that has cost him dearly.

In the lawsuit, obtained by TMZ, Smollett notes the Osundairo brothers were held for 47 hours and they adamantly denied any involvement in the assault. He says it was only after they were assured they'd get immunity that they started spinning the tale of a fake attack on the streets of Chicago.

Smollett insists the primary attacker was a white male.

He says to this day he doesn't know what involvement, if any, the Osundairo brothers had in the attack. He thinks the brothers were lured into the smear campaign by cops.

Jussie is suing the City, the Osundairo brothers and several officials, including Police Superintendent Eddie Johnson.

As we reported, the City of Chicago is suing Jussie to recoup the costs of the investigation.

A decision on whether to reinstate charges against Jussie Smollett in Chicago is getting close ... because we've learned the Osundairo brothers took a trip to the special prosecutor's office.

Sources close to the case tell TMZ ... Abel and Ola met with Dan Webb's team this week because the special prosecutor wanted to hear their full story -- their version of Jussie's alleged attack.

We've obtained video of Abel and Ola arriving for the powwow in downtown Chicago ... and you see them coming in separately to meet with an attorney in Webb's office. The brothers were accompanied by their attorney, Gloria Schmidt.

Our sources say the brothers each spent a couple hours with the special prosecutor's team.

Terrence Howard says he's taking a stand for men when he battles his ex-wife, and even though he recently took an 'L' -- he still thinks he has a secret weapon on his side.

We ran into Terrence Tuesday at Crustacean in Bev Hills -- right after he got his star on the Hollywood Walk of Fame -- and asked him about the ruling last month ... when the judge ordered him to pay Michelle Ghent $1.3 million in their years-long spousal support feud.

We asked if Terrence intended to challenge it, and although he says he'll pay ... he clearly isn't conceding Michelle is right. In fact, he accuses her of playing dirty with "deceit and lies." Watch the clip, but know that Michelle's team says Terrence is delusional.

As a rep for his ex put it, "Apparently the courts don’t agree with his version of events and he seems to have a hard time sticking to the facts and the reality of what the rulings have been in this case."

Still, Terrence told us he'll come out on top in the end ... thanks to karma. And, then we got into some strange philosophical territory with him.

When we tried asking about "Empire" coming to an end, Terrence pivoted into something he's way more passionate about -- his belief that one times one is TWO. We know ... come again???

Terrence Howard's success heading into the final season "Empire" just bit him in the ass -- or should we say the wallet -- because a judge is ordering him to give his ex-wife a huge chunk of his TV earnings.

Michelle Ghent scored a 7-figure W Friday in Los Angeles Superior Court when the judge said enough is enough, and ruled Terrence must pay her $1.3 million. About $263k of that is reportedly back spousal support -- and another $1.05 million is based on the fact he's pulling in big money.

Terrence is reportedly now making north of $250k per episode of "Empire." Michelle and Terrence's money battles have been dragging on since 2013 -- and, by comparison, he was only hauling in somewhere around $120k per episode in 2015, when the show debuted.

TMZ broke the story, Michelle filed docs last year requesting her ex pay her more than $900k in back spousal support, so today's ruling -- first reported by the NY Daily News -- is a massive legal victory for her.

There's more bad news on the horizon for Terrence -- Michelle's attorneys fees.

On Friday, the judge said the fees looked "reasonable" and set a hearing for next week to determine exactly how much he'll have to pay -- but Michelle says the tab is expected to be more than $1 million.

Abel and Ola Osundairo are back in Nigeria, but this trip has no Jussie Smollett connection ... the brothers are there offering free medical services in their homeland.

Abel and Ola returned to Lagos this week ... far from the ongoing Jussie drama in Chicago.

The brothers organized a free medial outreach program, offering various free services ... like checking blood glucose levels and blood pressure, and calculating people's body mass index. Doctors were also on hand, prescribing medicines and treatments.

The brothers set up shop outside a local business and hundreds of people showed up to take advantage.

Remember ... the last time the Osundairo brothers were in Africa, they had just staged a fake attack against Jussie on a Chicago street -- at least that's their story, and cops and prosecutors believed them. Jussie says the "attack" was real.

This trek was all about community service and healthy living ... and no one cut them a check for $3,500.

Art really does imitate life -- the "Empire" crew is firing up its cameras pretty much exactly where their former star, Jussie Smollett, insists he fell victim to a racist and homophobic attack.

FOX had a bunch of crew members from the show setting up a shot Tuesday in Chicago ... literally within a stone's throw from where Jussie says the Osundairo brothers gave him a clobbering, poured bleach on him and left a rope around his neck.

The set is literally in the shadow of Jussie's apartment building ... it's the high-rise with the reflective windows.

There are only stand-ins in these pics, but it's clear "Empire" is getting ready to shoot something. No word whether they're incorporating elements of Smollett's real-life drama into the show -- but this can't be a coincidence ... they've gotta know the significance of the location.

You'll recall ... Jussie said he got jumped around 2 AM on his way home from grabbing a sandwich, just near his apartment building on the 300 block of East North Water Street.

That's where the "Empire" team had set up camp. To give you a visualization ... here's a side-by-side of the block where the attack allegedly happened, and where production trucks are now parked.

Of course, Jussie was eventually accused of lying and making the whole thing up, and got indicted by a grand jury too. He was cleared of all criminal charges though in a tit for tat with Cook County State Attorney's Office -- but he's not out of the woods yet.

The City of Chicago is suing him for the cost of the investigation and then some, and Jussie's currently in the middle of trying to fight it.

Jussie Smollett says the City of Chicago is simply trying to exact a pound of flesh from him after his criminal case was dismissed -- a move he calls unprecedented and unfair.

Jussie filed a motion to dismiss the lawsuit Chi-Town filed against him to recoup the cost of the investigation into the alleged racist and homophobic attack. In the docs, Jussie says the City has no business suing him because even IF you assume he did lie about the attack -- although he's not admitting that -- there's no way he could have foreseen the enormous amount of money Chicago PD spent on the case.

Jussie also says the city's argument that he's responsible for the investigation costs falls flat because Chicago hasn't shown "a direct link between [Jussie's] statements and the costs the City incurred."

Chicago claims the investigation cost Chicago PD at least $130,000 just in overtime. As we reported, the City also wants Jussie to cover its attorneys fees, and wants punitive damages. In all, it's seeking nearly half a million bucks from Jussie.

Jussie Smollett's lawyers say the Osundairo brothers misquoted alleged defamatory statements they thought his team made, but turns out ... their own attorney said 'em.

Mark Geragos -- who repped Jussie during his criminal trial when he was still in the hot seat in Chicago -- filed legal docs asking a judge to toss the Osundairo Bros.' defamation lawsuit against him, one of his colleagues and his firm, which they filed in April.

One of the main quotes the brothers were suing over in their initial complaint was something they alleged attorney Tina Glandian -- another one of Smollett's attorneys -- said to the media that implied they were part of "illegal" Nigerian steroid trafficking.

The quote the Osundairos attributed to Glandian in their lawsuit read, "platform ... is all about being steroid-free ... Their whole thing is, you know, all-natural bodybuilding. It's ridiculous."

Welp, Geragos points out in his court filing that Ms. Glandian never said that at all -- in fact, it was their attorney, Gloria Schmidt, who said that to the Chicago Tribune in early April ... word-for-word. That alone, Geragos argues is enough grounds for dismissal -- but there's more.

Geragos and co. say that the brothers also paraphrased something they claimed Geragos said on a podcast he does with comic Adam Carolla, alleging the celeb attorney dragged their reps through the mud by indicating they'd attacked Jussie, committed perjury and conspired to make false statements to clear their names.

Geragos submitted transcripts of his podcast during the time of the criminal legal proceedings, and he notes ... he never said the brothers' names, nor did he say or indicate what they attributed to him. Another example Geragos cites for nixing this thing.

Long story short ... Jussie's attorneys say the brothers can't get their quotes straight, and by falsely attributing statements to Geragos and co. ... the suit should be axed, and the Brothers should also be punished with sanctions for allegedly lying to the court.

Jussie Smollett is pushing back against the appointment of a special prosecutor for his criminal case in Chicago ... and he's doing everything he can to stop it.

The actor's legal team filed three motions Friday, obtained by TMZ, seeking to overturn the appointment of a special prosecutor ... arguing it would expose Jussie to double jeopardy.

According to the docs, Jussie is trying to reverse the order issued last month by a Chicago judge, who faulted Cook County State's Attorney Kim Foxx and laid the groundwork for Jussie possibly facing prosecution for allegedly faking the now infamous "attack."

Jussie's attorney, Tina Glandian, takes issue with the judge's apparent conclusion Jussie is guilty of staging a hate crime. In the docs, Jussie's legal team claims the Osundairo brothers attacked Jussie, got caught and then blamed him.

According to the docs, Jussie's attorney is floating the idea Abel and Ola Osundairo were motivated by homophobia, and she cites text messages from Ola degrading another man as a "fruit." His legal team is seeking grand jury testimony from the two brothers.

It's another twist in the ongoing Smollett saga ... as you know, the charges against Jussie were essentially dropped, even after the grand jury indicted him on 16 felony counts of lying to cops.

We broke the story ... Jussie claimed he was attacked by 2 masked men who beat him and put a rope around his neck while screaming homophobic and racial slurs. Police called BS.