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This photo taken on December 2, 2019 shows US actor Jussie Smollett arriving at the Trevor Live Los Angeles Gala 2018, in Beverly Hills, California. - February 16, 2019 Chicago Police believe Jussie Smollett paid two men to set up the assault. Smollett previously told authorities he was attacked on January 29 by two men who were "yelling out racial and homophobic slurs." (Photo by VALERIE MACON / AFP) / ALTERNATIVE CROP        (Photo credit should read VALERIE MACON/AFP/Getty Images)
This photo taken on December 2, 2019 shows US actor Jussie Smollett arriving at the Trevor Live Los Angeles Gala 2018, in Beverly Hills, California. – February 16, 2019 Chicago Police believe Jussie Smollett paid two men to set up the assault. Smollett previously told authorities he was attacked on January 29 by two men who were “yelling out racial and homophobic slurs.” (Photo by VALERIE MACON / AFP) / ALTERNATIVE CROP (Photo credit should read VALERIE MACON/AFP/Getty Images)
Sean Philip Cotter
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Chicago police say actor Jussie Smollett faked a hate crime — starring himself as the victim — and has been charged with making a false police report.

“Felony criminal charges have been approved by @CookCountySAO against Jussie Smollett for Disorderly Conduct / Filing a False Police Report. Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest,” police spokesman Anthony Guglielmi tweeted Wednesday night.

Smollett could face one to three years behind bars if convicted of felony disorderly conduct, a class 4 felony in Illinois.

Earlier Wednesday, Smollett’s lawyers met with prosecutors and police investigators about the “Empire” actor’s claim that he was attacked by Trump supporters three weeks ago, Guglielmi said. He declined to confirm reports that subpoenas had been issued for Smollett’s phone and bank records.

Smollett, who is black and gay, reported to Chicago police that he was physically attacked last month by two masked men shouting racist and anti-gay slurs and telling him, “This is MAGA country!” — a reference to President Trump’s “Make American Great Again” slogan. Smollett claimed the attackers looped a rope around his neck and poured a chemical on him before running away as he was returning home from an early morning stop at a Subway restaurant in downtown Chicago.

Police originally investigated the report as a hate crime, but the wheels started to come off of Smollett’s claims after detectives questioned a pair of brothers initially suspected in the attack and released them without charges.

Smollett, 36, has insisted his claims are true in TV interviews. His lawyers didn’t immediately comment on the news of the charges.

News emerged that Smollett lied to police in Los Angeles in 2007 when arrested on drunken driving charges — giving his brother’s name rather than his own, according to NBC News.

Smollett’s initial incendiary report ignited a firestorm that began with uncritical media reporting of his claims and outraged condemnations of the alleged racism by several Democratic presidential candidates, U.S. Sens. Cory Booker and Kamala Harris. As the story began to fall apart, many on the political right have been critical of the initial knee-jerk reaction, saying the left and the media are too willing to believe any accusations about Trump supporters.

Following Chicago police’s announcement on Wednesday, conservative commentator Erick Erickson tweeted sarcastically, “Guess the media will now drop covering the Smollett story lest there be a rush to judgment.”

Cook County State’s Attorney Kim Foxx suddenly recused herself from the investigation last week, and on Wednesday announced it was “out of an abundance of caution” because she spoke to one of Smollett’s relatives after it was reported and acted as a go-between with Chicago police.

Herald wire services contributed to this report.