CNN is reporting a legal setback for “Empire” actor Jussie Smollett Tuesday evening, as a federal judge has refused to dismiss Chicago’s lawsuit against him. Back in April, the City of Chicago filed a lawsuit against Smollett to recoup the $130,000 in overtime pay put in the fine the MAGA-hat wearing attackers who made Smollett the victim of a “modern-day lynching,” according to Sens. Cory Booker and Kamala Harris.

CNN reports:

Tuesday, US District Judge Virginia Kendall denied Smollett’s request to dismiss the lawsuit, allowing the case to proceed to the discovery phase.

William J. Quinlan, an attorney representing Smollett, said Tuesday the court’s decision was not surprising and that his client expects to be “vindicated” once he shares his side of the story.

“Mr. Smollett has always maintained his innocence and is eager to have the complete facts of the case come out. He looks forward to taking depositions and otherwise bringing to light many of the facts that have been overlooked in the court of public opinion to date. Mr. Smollett is confident that once the full story is available he will be vindicated,” Quinlan said.

We’re eager to have the complete facts of the case come out as well; those surveillance videos of Smollett’s alleged attackers buying red caps and rope certainly were entertaining.