Judge Throws Out Jussie Smollett's Double Jeopardy Claim

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A Cook County judge has thrown out Empire actor Jussie Smollett's attempt to have the criminal charges against him dropped -- ruling that the new charges against him do not violate his right against double jeopardy.

Smollett's attorneys tried to argue that the six-count indictment on charges brought against him by a special prosecutor was the same charges brought against him for his alleged hate crime hoax. 

The special prosecutor was brought in after the county's state's attorney's office abruptly announced it was dropping charges against the actor.

"There was no trial in this case, there was no jury empaneled, no witnesses were sworn, no evidence was heard, no guilty pleas were ever entered ... nothing like that every happened," Linn said of the 2019 case per AP News. "There was no adjudication of this case."

Smollett will most likely have to head to trial to face the charges that he set up his own attack.