"Many Photos" - Jussie Smollett is arrested after he 'faked a racist attack and then lied to police about it'

Jussie Smollett is in police custody and is due to appear in bond court later on Thursday 

Jussie Smollett was taken into police custody on charges of filing a false police report early on Thursday morning. 

The 36-year-old Empire actor is scheduled to appear in bond court at 1.30pm CT.

Late on Wednesday night, Smollett was charged with filing a false police report and disorderly conduct for allegedly staging the January 29 attack which shocked the world and then lying repeatedly to police about it.

Brothers Abel and Ola Osundairo have testified that Smollett paid them to carry out the attack and that he also sent a threatening letter to himself a week beforehand at the Empire studio. 

Smollett insists he is innocent and has condemned the investigation into the attack which has seen repeated and relentless leaks from within the police department. 

20th Century Fox, which released a statement hours before he was charged to say it was standing by him, is now reportedly suspending the actor. 

A press conference was scheduled for 9am CT during which detectives will give more details about Smollett's arrest. 

It is not yet known where he was or what time he was taken into custody.   

In a statement to DailyMail.com, Smollett's attorneys said that he would vigorously contest the charges.

'Like any other citizen, Mr. Smollett enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked,' attorneys Todd Pugh and Victor Henderson said. 'Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defense.' 

It comes after CCTV images emerged showing Ola and Abel buying ski masks the day before the attack took place

Brothers Abel and Ola Osundairo, whom police believe participated in staging the attack, testified before the grand jury for about two and a half hours, their attorney said.

Addressing reporters outside the grand jury, attorney Gloria Schmidt said her clients had been granted no immunity deal, because they had done nothing wrong in the affair.

She said that Smollett was lying, and that she didn't know how his conscience could let him sleep at night.  

The brothers' testimony came as video footage emerged of the Nigerian brothers buying ski masks, a red hat and gloves in a store the day before Smollett reported the attack.    

The footage was obtained by CBS on Wednesday.

The brothers said Smollett also sent himself this letter to the Fox studio where Empire is filmed a week before the attack  

It was taken on January 28 and shows brothers Abel and Ola Osundairo inside what looks like a drug store buying the masks and one hat. 

Smollett told police that he was attacked by two masked assailants who punched him, poured bleach on him, tied a noose around his neck and called him 'Empire n****r f****t'.  

No footage has ever emerged of the incident itself. 

In the video taken inside the store the day earlier, the brothers look calm in the video as they bring the items to the register. 

Abel, whose full name is Abimbola, is dressed in a blue plaid jacket. About 30 seconds into the video, he puts his hood up while standing at the register. 

His younger brother Ola, who once appeared on Empire as an extra, is in a green jacket. 

Police arrested Nigerian brothers Ola and Abel Osundairo for committing the attack, but now believe Smollett paid them to carry it out as part of a bid to increase his fame

Once they had dumped their haul on the register, they looked at one another and waited to be served. 

For four-and-a-half minutes, they stand and watch as the cashier bags up their items which included gloves, bobble hats and sunglasses.

Abel put his gloves on to leave the store and he paid cash for everything. 

As they waited for the items to be bagged up, Abel got out his phone and appeared to be typing and looking through images. 

He and Ola maintained conversation throughout. 

The brothers were picked up by police at Chicago O'Hare Airport on Wednesday night as they returned from Nigeria.  

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News Photo Jussie Smollett is arrested after he 'faked a racist attack and then lied to police about it' 
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