The Illinois Supreme Court on Friday refused to throw out charges against former Empire actor Jussie Smollett that accuse him of staging a racist, homophobic attack against himself and rejected his effort to remove the special prosecutor in the case.

Smollett’s lawyers argued in an emergency petition that Cook County Circuit Judge Michael Toomin overstepped his authority and misinterpreted the law when he ordered the appointment of a special prosecutor. The court did not explain its decision to reject the arguments by Smollett’s lawyers.

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