Former "Empire" star Jussie Smollett is asking that the charges against him be dismissed in a Chicago court.
Smollett's lawyers said the renewed charges based on "illegal and incompetent evidence" should be dismissed.
Smollett's legal team is arguing that his second indictment was based on "illegal and incompetent evidence" gathered from Abimbola and Olabinjo Osundairo during the initial investigation into Smollett, which was later ruled invalid.
"The OSP cannot have it both ways. It cannot convene a special grand jury based on Judge Toomin's Order but then rely on the transcripts from those 'void' proceedings to secure a new indictment," the motion states, per Page Six.
"Furthermore, there is no legitimate reason why the Osundairo brothers were not called to provide live testimony to the special grand jury, particularly when they live locally in Chicago, were available and cooperating with the OSP, and reportedly met with the OSP for hours only one month earlier," the motion continues.
Smollett is accused of staging a hate crime "hoax" last January. He denies the allegations against him.