Jussie Smollett's bosses are in a "sticky situation" in deciding his Empire future

Variety

The prosecutor who dropped the 16 felony charges against Smollett doesn't believe the actor is innocent. "We believe he did what he was charged with doing. This was not an exoneration," said Cook County first assistant state's attorney Joe Magats. "To say he was exonerated by us or anyone else is not true." Magats emphasized that dropping charges isn't unusual because they've had "over 5,700 that have gotten some type of alternative or deferred type of prosecution involving a dismissal at the end of the case." Following the dropped charges, Empire producer 20th Century Fox TV finds itself in a "sticky situation," according to Variety. Smollett hasn't been exonerated, yet he's no longer facing criminal charges. "One option would be to simply reinstate Smollett for a potential season 6 and side with the interpretation of events coming out of the Smollett camp (proclaiming his innocence)," says Variety's Will Thorne. "Fox could take Smollett’s word for it, put him back in the show and act like that was that, case closed." But what about Chicago Mayor Rahm Emanuel and the Chicago Police Department's outrage over the decision? "Given that the series’ executives, including showrunner Lee Daniels, previously said in a statement that they would be 'placing (their) trust in the legal system as the process plays out,' it could be perceived as a drastic about-face if Fox decides to ignore what the authorities are saying and presume Smollett innocent," says Thorne. Crisis PR expert Eden Gillot thinks that 20th Century Fox TV will have to base its decision on another court -- the court of public opinion. "While the charges have been dropped from a legal standpoint, the court of public opinion is still out, and Fox is going to have to weigh how risk averse they are, especially if they find out later that the allegations are true and they take it back," says Gillot. "That would really damage Fox’s reputation."

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• Empire cast and crew are reportedly "fiercely divided" over whether Jussie Smollett should return
• Smollett performed 16 hours of community service at Jesse Jackson's Rainbow PUSH Coalition to get the charges dropped
• Late-night hosts weighs in: Stephen Colbert channels Martin Luther King Jr.'s "I have a dream" speech in assessing Smollett