A Cook County judge on Wednesday denied Jussie Smollett's motion to dismiss the Osundairo brothers' defamation lawsuit against him.
The judge also declined a motion to overturn his own decision to appoint a special prosecutor in Smollett's hate crime hoax case.
Smollett, who is openly homosexual, told police he was attacked by 2 Trump supporters who beat him and yelled racial and anti-homosexual slurs at him outside his Chicago condo on Jan. 29. He claimed the attackers poured bleach on him and looped a noose around his neck.
The Osundairo brothers - Olabinjo and Abimbola - were arrested earlier this year and released after they admitted their roles in the hate crime hoax. They said Smollett hired them to stage a hate crime attack on the actor and part-time singer to boost his celebrity profile.
Smollett was charged with 16 felonies on March 8. Disgraced Cook County State's Attorney Kim Foxx dropped all charges against Smollett on March 26.
Amid the public backlash, Judge Michael Toomin ruled a special prosecutor could be appointed to look into possible corruption in Foxx's office. So far, no special prosecutor has been appointed in the case.
On Friday, attorney Tina Glandian filed motions to dismiss the brothers' lawsuit and overturn the judge's decision to appoint a special prosecutor, the Chicago Sun Times reports.
Smollett's attorneys, including celebrity lawyer Mark Geragos, say the brothers have "strung together a mix of mischaracterizations and outright falsehoods" in their lawsuit.
But Judge Toomin denied both motions on Wednesday.
If and when a special prosecutor is appointed in the Smollett case - that prosecutor could file new charges against the disgraced actor.
Geragos, a Los Angeles-based attorney whose famous clients include singer Chris Brown (pictured), has legal troubles of his own.
In March his name was included in a federal criminal complaint against disgraced lawyer Michael Avenatti, who is accused of trying to shake down Nike for millions of dollars.
Geragos was named as an "un-indicted co-conspirator," and CNN quickly moved to fire him as a legal analyst.
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