His lawyers argue that would be the proper venue since the actor is a California resident.
Chicago police said that Smollett staged an attack on himself last January in Chicago's Streeterville neighborhood. The city is suing to recover the cost of the investigation.
Jussie Smollett case: Timeline of key moments in alleged attack on 'Empire' actor
Police and prosecutors said Smollett orchestrated the attack with the help of two brothers. One brother was an extra on "Empire" and the other was Smollett's personal trainer.
All charges against Smollett were dropped in late February in exchange for community service and forfeiture of his $10,000 bond payment.
A Cook County judge ruled last month to appoint a special prosecutor in the case. The judge questioned Cook County State's Attorney Kim Foxx's decision to appoint a deputy to oversee the Smollett case, with the judge saying she did not have the authority to do so.
Also last month, Chicago police released nearly 70 hours of video connected to the Smollett case.
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