Empire

Lee Daniels is opening up on his relationship with Jussie Smollett ... he says the hoax case really made things difficult between them -- but they're back on speaking terms.

The co-creator of "Empire" touched on his relationship with Smollett in an appearance Monday on "The Breakfast Club," telling Charlamagne Tha God things are complicated with Jussie.

Lee says he still doesn't know what to believe in terms of Jussie's hoax hate crime case in Chicago ... but he's not going to cancel Jussie over his criminal conviction.

Jussie Smollett is telling the Illinois Supreme Court a deal's a deal -- specifically, the deal prosecutors made when they dismissed the first indictment for faking an attack -- so he should never have been charged and prosecuted a second time.

Smollett just filed legal docs with the highest court in the land of Lincoln, claiming after he was first indicted by a Cook County Grand Jury, the State's Attorney offered him a deal -- do community service, forfeit his bond to the City of Chicago, and the case would not be prosecuted.

Jussie points to the prosecutor, who said, "After reviewing the facts and circumstances of the case, including Mr. Smollett's volunteer service in the community and agreement to forfeit his bond to the City of Chicago, the State's motion in regards to the indictment is to nolle pros [not prosecute]."

The prosecutor added, "We believe this outcome is a just disposition and appropriate resolution to this case."

Smollett says the reason he was indicted a second time ... the special prosecutor "gave in to public outcry."

Jussie argues he did community service and forfeited his bond, so filing the case a second time amounts to double jeopardy.

Smollett's argument has been rejected by the trial judge and the Illinois appellate court, so he's shooting his shot with the Supremes of Illinois.

Jussie Smollett le dice al Tribunal Supremo de Illinois que un trato es un trato. Esto respecto al  trato que los fiscales hicieron cuando desestimaron la primera acusación por fingir un ataque, por lo que nunca debería haber sido acusado y procesado por segunda vez.

Smollett acaba de presentar documentos legales ante el más alto tribunal en la tierra de Lincoln, alegando que después de haber sido acusado por primera vez por un Gran Jurado del Condado de Cook, el Fiscal del Estado le ofreció un trato... hacer servicio comunitario y renunciar a su fianza en la Ciudad de Chicago. De esta forma el caso no sería procesado.

Jussie señala al fiscal, quien dijo: "Después de revisar los hechos y circunstancias del caso, incluyendo el servicio voluntario del Sr. Smollett en la comunidad y el acuerdo de renunciar a su fianza a la ciudad de Chicago, la moción del Estado en lo que respecta a la acusación es nolle pros (no procesar)".

El fiscal añadió: "Creemos que este resultado es una disposición justa y la adecuada resolución de este caso".

Smollett dice que la razón por la que fue acusado por segunda vez, es que el fiscal especial "cedio al clamor publico".

Jussie argumenta que hizo servicio comunitario y perdió su fianza, por lo que presentar el caso por segunda vez equivale a un doble enjuiciamiento.

El argumento de Smollett ha sido rechazado por el juez de primera instancia y el tribunal de apelaciones de Illinois, por lo que está probando suerte con los Supremos de Illinois.

10:05 AM PT -- Jussie Smollett y su equipo no van a caer sin antes luchar, un representante nos dice: "Queremos destacar que la decisión fue dividida, con el juez Lyle ofreciendo un análisis detallado a favor de Smollett. Nos estamos preparando para elevar este asunto al Tribunal Supremo, armados con un conjunto sustancial de pruebas".

Jussie Smollett acaba de recibir un gran portazo en los tribunales, pues su condena por haber falseado un ataque acaba de ser confirmada.

Un tribunal de apelaciones de Illinois emitió el fallo el viernes. El panel de tres jueces votó 2-1 para mantener la condena de Jussie, de acuerdo con nuevos documentos legales obtenidos por TMZ.

La clave de la apelación de Jussie era el argumento de que él no puede ser procesado porque, después de la acusación inicial, la Fiscal del Estado del Condado de Cook, Kim Foxx, decidió no procesar el caso. Ello suscitó enormes críticas y se nombró a un fiscal especial que, en última instancia, acudió al gran jurado que lo volvió a acusar.

Los dos jueces que confirmaron la condena dijeron que no era relevante que se hubiese retirado la acusación inicial. El juez que discrepó, en tanto, dijo que la decisión de Foxx de no procesar el caso era en realidad una promesa a Jussie de que este había terminado.

Con el fallo, es probable que Jussie regrese a una cárcel de Chicago para completar su condena de 150 días.

Recordemos, el actor fue condenado inicialmente en 2022 y pasó 6 días en la cárcel del condado de Cook antes de ser puesto en libertad mientras intentaba conseguir que anularan su sentencia.

Ahora, Jussie se ha quedado con las manos vacías, pero su equipo legal tiene la opción de apelar la decisión a la Corte Suprema de Illinois, que luego decidiría si escuchar el caso.

Durante su apelación, Jussie lanzó nueva música, dirigió una película con Vivica A. Fox, hizo ejercicio con Taraji P. Henson, fue a rehabilitación y se afeitó la cabeza.

Será interesante ver si Jussie apela nuevamente, o bien, si se dirige de otra vez a la cárcel ... Permanezcan atentos.

11:51 AM PT -- Special prosecutor, Dan Webb, tells TMZ ... "The appellate court ruled on every issue Mr. Smollett raised in our favor and against him. This was a resounding and profound victory for us today. Having a dissenting voice in the ruling is not uncommon. The decision by the appeals court is final."

He concluded, "What happens next is Mr. Smollett can file a petition for a higher appeal to The Illinois Supreme Court. This is purely discretionary meaning the court does not have to hear this appeal. He lost all legal rights to an appeal with today’s decision. If the Supreme Court decides to hear his appeal, there will be briefs filed and a hearing date set. If not, then the case goes back to the trial court, which will execute his sentence."

10:05 AM PT -- Jussie Smollett and his team aren't going to go down without a fight, a rep tells us, "We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett. We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence."

Jussie Smollett just took a big L in court ... because his conviction for his hoax attack was just upheld.

An Illinois appeals court handed down the ruling Friday, with the three-judge panel voting 2-1 to uphold Jussie's conviction ... according to new legal docs obtained by TMZ.

The key to Jussie's appeal is the argument he could not be prosecuted because after the initial indictment, Cook County State Attorney Kim Foxx decided not to prosecute the case. That drew enormous criticism, and a special prosecutor was appointed who ultimately went to the grand jury that indicted him again.

The 2 justices who upheld the conviction said the decision not to move forward with the case was not equivalent to an agreement never to charge him. The 1 dissenting justice said Foxx's decision to not prosecute was in effect a promise to Jussie the case was over.

With the ruling, Jussie appears likely to return to a Chicago jail to complete his 150-day sentence.

Remember ... Jussie was initially convicted in 2022, spending 6 days in Cook County Jail before being released while trying to get his sentence overturned.

Now, Jussie's come up empty ... but his legal team has the option of appealing this decision to the Illinois Supreme Court, which would then decide on whether to hear the case.

During his appeal, Jussie dropped new music, directed a film with Vivica A. Fox, worked out with Taraji P. Henson, went to rehab and shaved his head.

It will be interesting to see if Jussie appeals again, or heads back to jail ... stay tuned.

Former "Empire" star Bryshere Gray has been cuffed once again -- this time for allegedly violating his probation ... after pleading guilty last year to aggravated assault.

According to legal docs obtained by TMZ ... cops in Maricopa, AZ were called by a woman last week, claiming the 2 were seeing each other but telling the officer "his behavior was escalating and she was concerned for her safety."

The docs say the woman claimed Gray threw a box of food at her and pulled her hair ... she also told cops about other instances where he'd shout at her.

Officers say Gray had multiple run-ins with law enforcement ... including a domestic-related disturbance call last month.

Gray allegedly failed to inform his probation officer about these incidents ... which is why he was hit with a probation violation. A judge signed a warrant and he was arrested.

As we reported, Gray pled guilty in 2021 to felony aggravated assault ... following a standoff with a SWAT team at his home the year before.

Jussie Smollett still insists he did not lie about the homophobic and racist attack, because IF he did he would be a total piece of s**t -- and he claims everyone knows he's not that.

The actor dug in his heels Wednesday morning on Sway's SiriusXM show, talking about why he feels he got screwed in court. As Jussie sees it, if you buy what the jury said -- that he flat out lied -- that would mean we all found out "someone is exactly the opposite of who they claim to be."

No argument there.

However, he went on to explain that committing such a nefarious lie would mean he'd exploited the pain and fears of both Black people and the LGBTQ community -- and Jussie says, "I'm not that motherf***er."

Of course, his stunning statement flies in the face of all the evidence presented in Cook County court before he was convicted and sentenced, back in March, to 150 days.

Speaking of which, Jussie also talked about his time behind bars ... explaining why he stopped eating the whole time he was in Cook County Jail.

He says fasting is something his family always does to gain clarity, and he was uncertain about how long he'd be in jail. Remember, despite the 150-day sentence, Jussie had immediately asked the judge to let him out on bail while he filed an appeal.

Jussie says, "I have never in my life, at least in my adult life, been as clear of mind as I was for those 6-and-a-half days."

What's unclear about Jussie's clarity is how long he would have continued fasting if the judge hadn't let him out, and also ... what exactly he gained clarity about during that time.

Jussie Smollett might’ve gone straight from his jail cell to the studio ... because he just dropped a new song where he directly addresses his court case.

The former “Empire” star released a single Friday dubbed, “Thank You God,” and some of the lyrics are very interesting, considering his recent circumstances.

Jussie sings ... “Some people chasing that clout / Just remember this ... this ain’t that situation / You think I’m stupid enough to kill my reputation?”

The song comes on the heels of Jussie’s jail release pending his appeal. He’s been out for about 3 weeks, and seemingly put the song together in that time.

Jussie also sings ... “It’s like they’re hell-bent on not solving the crime / Taking out the elements of race and trans and homophobia that’s straight taking lives / But turn around and act like I’m the one that killed the strides.”

He dedicates the song to “the people who kept it real, who kept it true” ... and he says he’s donating all profits from the track to the Rainbow Push Coalition, Secure the Bag Safety and the Illinois Innocence Project.

As you know ... a jury found Jussie guilty of 5 of the 6 felony counts against him for lying to Chicago police about being the victim of a racist, homophobic attack ... and a judge sentenced him to 5 months behind bars.

But, Jussie was released from jail March 16 while he tries to get his sentence for the hoax attack overturned.

Jussie Smollett is going free -- at least for now -- while he tries to get his sentence for the hoax attack overturned.

The appeals court ordered Jussie's release during the appeal process. He's being released from Cook County Jail on his own recognizance, but if he misses any future hearings it'll cost him $150,000. It's unclear when exactly he'll be walking free.

Clearly, the state isn't happy with the decision ... its response to the ask for release reads, in part, "Rather than attempt to meet his burden of showing good cause for his immediate release, Mr. Smollett makes only cursory, woefully undeveloped arguments. Each fails to demonstrate good cause to stay his jail sentence."

As you know, Jussie had begun serving his 5 months last Thursday -- and immediately after the judge sentenced him he was defiant ... shouting he was innocent and raising his fist in the air as he was taken out of court in handcuffs.

His defense team and family members never stopped pressing for his release, though ... claiming Jussie was in physical danger while behind bars. They cited racist and homophobic threats they'd received, and also said Jussie was immunocompromised ... and highly susceptible to contracting COVID-19 while in jail

Story developing ...

Jussie Smollett is out of the psych ward at Cook County Jail ... something his brother believes only happened because fans applied public pressure.

Jocqui Smollett thanked people Monday night on social media for their support in the "Free Jussie" movement. He says Jussie's removal from the psych ward is a big step forward ... and gets him out of a restrained bed and into a normal one.

He adds, "Cook County doesn't really move until they get bad publicity ... keep continuing to call Cook County Jail checking in on him and keep saying that you believe he should be free."

Jocqui says the pressure added on the county is what got Jussie moved, and he thinks continued force can make him a free man once again.

As we've reported, Jussie was put in the ward because the area houses high-profile inmates, according to law enforcement sources. Jocqui expressed concern immediately, saying official paperwork stated his brother was at risk of self-harm ... something he thinks is B.S.

Jussie even explained, repeatedly in court, that he is not a suicidal person. He was immediately taken to jail after his sentencing to start his 150 days.

Jussie was ordered to be placed under protective custody while serving his 5-month sentence -- something requested by Jussie's team. In addition to jail time, he also was given 30 months of felony probation, $120K in restitution, and $25K in fines.

Taraji P. Henson thinks there's a parallel between Jussie Smollett and Emmett Till -- and wouldn't you know it ... the late teen's own family agrees.

Emmett's cousin, Deborah Watts, the co-founder of the Emmett Till Legacy Foundation, tells us Taraji's heart is in the right place -- namely, that Black people and other POC are unfairly treated in the criminal justice system.

Taraji made the point while Jussie is serving jail time for a crime that wasn't violent ... nobody did any time (or was even found guilty) in Emmett's case all those years ago, suggesting race was at play in how Jussie was sentenced.

Watts doesn't quite make that leap -- not wanting to comment on the fairness of Jussie's conviction.

Big picture ... she absolutely agrees that BIPOC are disproportionately incarcerated compared to white people for the same sorts of offenses -- something she says is proven in data ... and something she thinks Taraji was trying to spotlight.

To that end ... Watts tells us she appreciates TPH's support and for getting Emmett's name back into the public, because his case was never officially solved.

Freddie Gibbs doesn't have much sympathy for Jussie Smollett ... he says Jussie belongs behind bars for breaking the law, plain and simple.

We got the rapper at Cookies on Melrose and asked about Jussie's 5-month jail sentence, which the "Empire" star just started serving in Chicago.

Freddie says Jussie should be in jail just like anyone who fakes being the victim of a crime.

It's in sharp contract to Taraji P. Henson ... who is solidly behind Jussie, demanding he be released from jail and comparing Smollett's case to that of Emmett Till.

Freddie thinks Jussie should be set free ... in about 3 to 5 years ... and isn't buying Smollett's view the judge handed down a harsher sentence because he's Black.

Jussie Smollett's lawyers have wasted no time demanding his release from jail -- at least while his appeal plays out --- claiming he risks being harmed (physically and microbially) every second he stays behind bars.

The 'Empire' actor's legal team filed an emergency motion Monday asking a judge to spring Jussie from behind bars while his appeal is pending -- arguing that the potential cons of him staying locked up in Cook County far outweigh any benefits.

The crux of their case here is that Jussie's family has been on the receiving end of what they say is a barrage of harassing messages and phone calls aimed at Jussie ... which they say is emblematic of the harm that might actually befall him if he remains locked up.

To hammer this home ... Jussie's team offers up a video taken by the Smollett family which they say shows a stranger calling them with disgusting sentiments about what should happen to their brother as he serves his 5-month sentence.

They claim the clip -- which is laced with racist and homophobic slurs -- is just one example of what they say has been a deluge of hate sent their way -- and they fear that'll translate into real-world violence against their brother on the inside.

There are other reasons they say he should be out ... for one, they attach a sworn affidavit from a doctor who states Jussie is at a higher risk of catching COVID due to a compromised immune system ... while citing positive case rates in jails and prisons across the country.

On top of this ... Jussie's lawyers argue that because he's being held in protective custody -- which they say is akin to solitary confinement -- his mental health will deteriorate.

Big picture, they continue to reiterate all the points they made in court in trying to get the case tossed in the first place -- including the argument that he's already been punished for all this ... so the whole thing amounts to unconstitutional double jeopardy.

Taraji P. Henson is coming out in full defense of Jussie Smollett -- but is making a strange comparison ... invoking the Emmett Till case to try and describe what's happening to him.

The "Empire" star -- who obviously appeared opposite Jussie through much of the show -- took to IG this weekend with an impassioned plea on behalf of her friend, posting a photo with the hashtag #FreeJussie ... accompanied by a lengthy caption.

She writes, "I am not here to debate you on his innocence but we can agree that the punishment does not fit the crime. Emmett Till was brutally beat and ultimately murdered because of a lie and none of the people involved with his demise spent one day in jail, even after Carolyn Bryant admitted that her claims were false."

Taraji adds, "No one was hurt or killed during Jussie’s ordeal. He has already lost everything, EVERYTHING! To me as an artist not able to create that in itself is punishment enough. He can’t get a job. No one in Hollywood will hire him and again as an artist who loves to create, that is prison."

Finally, she finishes her sentiment with this ... "My prayer is that he is freed and put on house arrest and probation because in this case that would seem fair. Please #freejussie."

As we told you, Jussie's brother told his followers that his sibling had been placed in the psych ward wing of Cook County Jail -- which we've learned is, in fact, true ... but it's not for the reasons that Jocqui suggested ... namely, that he was there against his will.

Our law enforcement sources tell us it's simply where they house high-profile inmates ... and not just that, but he'll also be in protective custody while there, under a watchful eye.

Jussie Smollett has been placed in the psych ward at the Cook County Jail, and his brother says it's because the official paperwork says Jussie is at risk of self-harm.

Jocqui Smollett hopped on Instagram Saturday, saying, "So Jussie is currently in a psych ward at the Cook County Jail. What's very concerning is that there was a note attached to his paperwork today saying that he's at risk of self-harm."

Jocqui then called B.S. ... "I want to make it clear that he is in no way, shape, or form at risk of self-harm. He wants to let folks know that he is very stable, he is very strong, he is very healthy and ready to take on the challenge that... has been put up against him."

A law enforcement source tells TMZ, the reason Jussie is in the psych ward is because it's also the area where they house high-profile inmates.

The former "Empire" actor is now serving his 5-month sentence for faking a racial and homophobic attack on the streets of Chicago. When he was sentenced he told the judge repeatedly that he was not suicidal, so if anything happened to him behind bars it was not self-harm.