Jussie Smollett’s lawyers have told an Illinois appellate court that it should toss the former “Empire” actor’s convictions for staging a racist, homophobic attack against himself in 2019. He was convicted on several charges after it was discovered that he was lying about it to Chicago police.

According to AP News, his lawyers argued arguing that anger over the case led to properly dismissed charges being improperly restored.

Smollett appeared in court for the hour-long oral arguments yesterday September 12 and sat on spectator benches.

Smollett, 41, didn’t speak to reporters after the hearing, and Chicago TV station WGN showed footage of him from behind leaving the court building via an alley, wearing a hat and a different coat.

“Public outrage against the defendant cannot overrule the rule of law,” one of his lawyers, Nenye Uche, told the panel — referring to how public perception of Smollett turned after police said he created a crime and wasn’t a victim of one.

Uche added that many of the issues surrounding the appeal and Smollett’s prosecution boil down to the question: “Is it fair?”

If the appeal before the Chicago-based First District Appellate Court fails, Smollett will have to finish a 150-day stint in jail that his trial judge ordered during his 2022 sentencing. Smollett spent just six days in jail before his release pending the outcome of the appeal. A ruling is expected to take several weeks.

Among a long list of arguments in Smollett’s 76-page written appeal is that his 2021 trial violated his Fifth Amendment protections against double jeopardy — being punished for the same crime twice. It says he already performed community service and forfeited a $10,000 bond as part of a 2019 deal with the Cook County State’s Attorney’s Office to drop the initial charges.

In the appeal, Smollett’s legal team says chief prosecutor Kim Foxx’s office used proper discretion to drop the original charges four years ago.

A jury convicted Smollett in 2021 on five felony counts of disorderly conduct — the charge filed when a person lies to police. He was acquitted on a sixth count.