Daniels was out in New York City on Tuesday morning when a photog asked him point blank: Will Jussie be on the next season of "Empire"?
"That's a conversation we're having right now," Daniels said ... which is neither a yes or a no.
The photog also asked Daniels if he felt "scammed" by the alleged hoax, giving him an opportunity to defend Smollett. But instead, Daniels replied, "There are two judges: God and that man in the robe. So I can't judge."
Daniels had been quick to defend Smollett when the news of his alleged attack first broke.