Jussie Smollett update: Charges against 'Empire' actor dropped; 'not an exoneration,' prosecutor says

EMBED >More News Videos Jussie Smollett addressed the media Tuesday after disorderly conduct charges against the "Empire" actor were dropped. "I have been truthful and consistent on every single level since day one. I would not be my mother's son if I was capable of one drop of what I have been accused of," he said.

EMBED >More News Videos Cook County First Asst. State's Attorney Joseph Magats explained why the office dropped charges against "Empire" actor Jussie Smollett, who was accused of staging an attack against

EMBED >More News Videos ABC7 Investigative Reporter Chuck Goudie discussed the unusual end to Jussie Smollett's case with his attorney, Patricia Brown Holmes, and ABC7 Legal Analyst Gil Soffer.

EMBED >More News Videos "This is a whitewash of justice. A grand jury could not have been clearer," Chicago Mayor Rahm Emanuel said about prosecutors dropping charges against "Empire" actor Jussie Smollet

EMBED >More News Videos ABC News Chief Legal Affairs anchor Dan Abrams provides insight into why charges were dropped against 'Empire' actor Jussie Smollett

EMBED >More News Videos Jussie Smollett's lawyer, Patricia Brown Holmes, joined Windy City Live to talk about charges being dropped against the "Empire" actor.

CHICAGO -- Disorderly conduct charges against "Empire" actor Jussie Smollett, who was accused of staging a racist and homophobic attack on himself, were dropped Tuesday.Cook County prosecutors said charges were dropped after reviewing the circumstances of the case as well as Smollett's community service and forfeiture of his bond.Smollett appeared in court Tuesday and thanked all of his supporters."Not for a moment was it in vain," Smollett said. "I have been truthful and consistent on every single level since day one. I would not be my mother's son if I was capable of one drop of what I was accused of."Police said they had evidence to prove that he paid two brothers to stage the attack in Chicago's Streeterville neighborhood because he wasn't satisfied with his salary on the show, but Smollett and his defense team have maintained his innocence throughout the investigation. He was indicted by a grand jury and charged with 16 counts of disorderly conduct.Smollett agreed to forfeit his $10,000 bond to the city of Chicago as a condition of the charges being dropped. The judge also granted the defense team's motion to immediately seal the criminal records related to the case."His record is sealed so that nobody can go get that file and look through it because it should not have existed in the first place, as far as we're concerned," Patricia Brown Holmes, one of Smollett's attorneys, explained.However, prosecutors still believe that Smollett fabricated the incident, despite the charges being dropped.Joe Magats, first assistant state's attorney, took over the case when his boss, Cook County State's Attorney Kim Foxx, recused herself from the probe after it surfaced that she had been in touch with Smollett's family."This was not an exoneration. To say that he was exonerated by us or anyone is not true," Magats said. "We believe he did what he was charged with doing."A federal probe by the FBI and the U.S. Postal Inspection Service into whether Smollett played a role in sending a threatening letter to himself prior to the allegedly staged attack remains open, despite Tuesday's developments, a law enforcement official told ABC News.Magats explained that his office devotes its resources to combating violent crime, and that the Smollett case didn't fall within that mission."Our goal and our No. 1 priority is combating violent crime and the drivers of violence and we look to our resources to do that and I don't think that Mr. Smollett is a driver of violence or a violent individual," he said.Magats said that community service that Smollett performed prior to the charges being dropped and his agreement to forfeit his bond to the city of Chicago also contributed to prosecutors' decision to drop the charges.Smollett completed 16 hours of community service with The Rainbow PUSH Coalition, a human/civil rights organization in Chicago, Magats and the organization confirmed. Rainbow PUSH Coalition actually reached out to Smollett, according to a statement issued Tuesday night."When we first heard of Jussie Smollett's crisis, we reached out to him and "Empire" to see if we could be helpful," the statement read, in part. "There was no court-ordered community service here."The 16 hours of service were completed over the last few days - eight hours on Saturday and eight hours on Monday. Among the things he did was provide a critique of their broadcast studio; work in the bookstore selling Rainbow Push merchandise; speak to visiting students and parents; and talk with the organization's musical director about expanding their choir.Gil Soffer, a former federal prosecutor who now serves as a legal analyst for ABC7 Eyewitness News, said prosecutors' decision "doesn't make sense.""It's the very same authority that decided to bring charges in the first place that has now decided to drop those charges," he said.Soffer also called the action taken Tuesday incredibly unorthodox because the defendant would usually be required to admit they did the crime."It's highly unusual to let someone off the hook entirely and not have them acknowledge any wrongdoing," Soffer said. "And it's even more unusual, of course, to do that in a case of this profile after the superintendent of the police gave the detailed recitation of the wrongdoing that he did."Chicago police Superintendent Eddie Johnson and Mayor Rahm Emanuel are livid over prosecutors' decision.Police said Johnson was not consulted beforehand and learned that charges would be dropped at the same time as the public did, while he was at a police graduation ceremony at Navy Pier.Emanuel, in comments made after the ceremony, called the decision a "whitewash of justice." Johnson said he believes Smollett still owes Chicago an apology."Do I think justice was served? No. What do I think justice is? I think this city is owed an apology," he said.Though police stand by the investigation, Smollett's defense team said their client was "vilified" and accused prosecutors and police of attempting "to prove a case in the court of public opinion."Smollett's attorneys, Tina Glandian and Patricia Brown Holmes, said in a statement.Smollett's family released a statement Tuesday saying Jussie's character was "unjustly smeared."In a statement, 20th Century Fox Television and Fox Entertainment said, "Jussie Smollett has always maintained his innocence and we are gratified on his behalf that all charges against him have been dismissed."After his court hearing on Tuesday, the TV actor said he wants to get back to work and move on with his life."But make no mistakes, I will always continue to fight for the justice, equality and betterment of marginalized people everywhere," he said.Smollett was also represented by Los Angeles-based attorney Mark Geragos, as well as local Chicago attorney Ron Safer. Geragos specializes in white collar crime.