The ex-"Empire" star was leaving LAX Tuesday when a photog ran into him and asked to see how he's holding up. His lawyer says he's a tough cookie, but Jussie laughs it off -- it's pretty clear he's going through it, and seems to think at least that much should be obvious.

Of course ... we're talking about Jussie getting re-charged for allegedly lying to cops about the hate crime he claims was perpetrated against him by MAGA-hat wearing thugs -- this after the State Attorney's Office dropped the original 16 charges against him almost a year ago.

He's pled not guilty again, and his legal team has filed a motion for the case to be dismissed over double jeopardy -- which basically means you can't prosecute someone over the same offenses twice. Jussie and his lawyer talk about that, plus other possible defenses.

The photog asks point-blank ... which is it gonna be, JS -- telling 'em you didn't do it, or hope double jeopardy saves ya? Watch ... Jussie says there's only one thing he can count on.