Jussie Smollett may actually be prosecuted for allegedly faking that infamous homophobic and racist attack back in January. According to TMZ, a Chicago judge has ordered a special prosecutor to be appointed to review the way prosecutors handled the case and dismissed it.

The judge said in his order, “If reasonable grounds exist to further prosecute Smollett, in the interest of justice the special prosecutor may take such action.”  The judge added “unprecedented irregularities identified in this case” warrants the appointment of a special prosecutor.

As we know, back in March, the office of State’s Attorney Kim Foxx dropped all charges against the Empire star, including 16 felony counts of lying to cops. Jussie claimed that he was attacked by two men who beat him, put a rope around his neck while yelling racial and homophobic slurs.

The judge said that the State’s Attorney messed the case up after Foxx recused herself, because of comments she made about the case, there was no one in her office properly overseeing the case. Kim Foxx responded to the order, saying, “I respectfully disagree with the court’s conclusion that, in the absence of any conflict, the appointment of a special prosecutor is required.”

She continued, “As always, I remain committed to transparency, justice, and the public safety of the communities we serve.”