Former Empire actor Jussie Smollett had a wrench thrown in his defense after a Cook County judge ruled that he could not mention any lawsuits or use Chicago Prosecutor Kim Foxx as a witness in his upcoming trial.

According to USA Today, Judge James Linn also prohibited one of Smollett’s attorneys, Nenye Uche, from cross-examining Abimbola and Olabinjo Osudairo (the brothers accused of helping the actor) stage a homophobic and racist attack on himself in 2019. His decision was given on Thursday.

Smollett faces six charges of disorderly conduct for reportedly lying to Chicago police in connection to the sensationalized attack. Foxx dropped the preliminary 16 charges against the entertainer in March 2019 and was scrutinized for her decision.

Foxx maintained that there was no criminal wrongdoing on her and the department’s behalf. However, she did admit to making false statements regarding the case and abusing Smollett’s privacy.

She addressed the decision, saying, “After reviewing all of the facts and circumstances of the case, including Mr. Smollett’s volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case.”

In February 2020, Dan Webb, a special prosecutor assigned to the case,

indicted Smollet for “making four separate false reports to Chicago Police Department officers related to his false claims that he was the victim of a hate crime, knowing that he was not the victim of a crime.”

The 38-year-old actor still claims his innocence. 

No date has been set for the trial.