1:52 PM PT -- TMZ has obtained a copy of Jussie Smollett's motion to dismiss his new criminal case in Chicago, and he's basically arguing with a judge that he can't be tried again ... because he's already been penalized once before, which he thinks triggers double jeopardy.
In the docs, Jussie says when he forfeited his $10k bond as restitution to the city of Chicago a year ago when the OG charges were initially dropped ... that served as his official punishment. And, because it was recorded as his penalty, he believes he can't be tried again for the same alleged offenses.
A judge still needs to rule on his request.
9:11 AM PT -- The Osundairo brothers' attorney, Gloria Schmidt, just spoke to reporters apologizing for the brothers' involvement in the whole ordeal. She added the brothers are also willing to testify in the case.
8:40 AM PT -- Jussie pled not guilty and his legal team filed a motion for the case to be dismissed. He's scheduled to be back in court March 18.
Jussie Smollett is back in a Chicago courtroom, and you've gotta see the ruckus his arrival created outside ... as his supporters made sure they were heard.
Jussie was flanked Monday morning by an entourage of about 10 people -- some of them family members -- as he made his way into his arraignment on 6 new felony counts of lying to cops. At least one photog went down in a heap at Jussie's feet while he tried to get into the courthouse.
In the video, you can hear Jussie's backers chanting, "What do we want? Justice! When do we want it? Now!!!"
We're expecting the ex-"Empire" star to enter not guilty pleas to all 6 charges in the new indictment, which calls the 6 charges "disorderly conduct," but all involve allegations of lying to cops.
Interestingly, Abel and Ola Osundairo also showed up at court this morning. There's no reason for them to be at his arraignment -- we know they'll be testifying against Jussie, but that's weeks down the road.
As we reported ... the special prosecutor, Dan Webb, said Jussie "planned and participated in a staged hate crime attack, and thereafter made numerous false statements to Chicago Police Dept. officers."
You'll recall, Jussie claimed he was attacked in Chicago by 2 white men ... alleging the men put a rope around his neck and doused him with bleach. He claimed they also yelled racial and homophobic slurs. As the investigation unfolded, 2 black men -- brothers Abel and Ola Osundario -- were detained and they told police Jussie paid them to stage the attack.
The special prosecutor effectively re-opened the controversial case nearly a year after Cook County prosecutors dropped all 16 felony counts against Smollett in March 2019. At the time, they called it a "just disposition and appropriate resolution," but not an exoneration.
Jussie's attorney, Tina Glandian, questioned the timing of the indictment. State Attorney Kim Foxx also questioned the timing. Jussie maintains he's innocent. If convicted, he faces up to 3 years in state prison.
Originally Published -- 7:29 AM PT