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A lawyer for Smollett, William J. Quinlan tells The Blast, "The Court today ruled that the City’s case will be decided on the facts and not the pleadings. As you know, in the legal system dismissal on the pleadings is a very high bar and, as a result, the Court’s decision is not surprising. The pleadings are just the city’s side of the story Now, Mr. Smollett will get to present his side of the case. Mr. Smollett has always maintained his innocence and is eager to have the complete facts of the case come out. He looks forward to taking depositions and otherwise bringing to light many of the facts that have been overlooked in the court of public opinion to date. Mr. Smollett is confident that once the full story is available he will be vindicated."

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The city of Chicago is asking a judge to make Jussie pay for the high costs of a police investigation. They claim Jussie made up a racist and homophobic attack for publicity and paid two brothers to help him carry it out.

As we reported, Smollett's attorneys filed documents arguing the actor should not be liable for the $130,000 because he couldn't have ever known how much it would cost to investigate the allegations.

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"Whether it's Chicago or any other U.S. city, when he reported a vicious hate crime it was going to be investigated at the highest level of vigor and detail," said police spokesman Anthony Guglielmi.

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Many of Smollett's fellow actors and actresses have come to the 'Empire' stars defense after he took even more criticism for cutting a plea deal that involved no jail time.

All charges against Smollett were dropped in exchange for community service and forfeiture of his $10,000 bond payment.

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