He claimed racist and homophobic insults were hurled at him.
Smollett's attorneys, Todd Pugh and Victor P. Henderson, met with prosecutors and police earlier Wednesday afternoon (local time).
All the while, as rumors and reports began to circulate that Smollett himself had a hand in orchestrating the attack - rumors that police batted down earlier this month as having "no evidence" - the Empire star maintained his original account in comments to the media.
"Based on those prior conversations and out of an abundance of caution, last week State's Attorney Foxx chose to remove herself from the decision making in this matter and delegated it to her First Assistant Joseph Magats, a 28-year veteran prosecutor", he added.
The men, who were identified to multiple media outlets by their attorney as Abimbola "Abel" and Olabinjo "Ola" Osundairo, were held for almost 48 hours on suspicion of assaulting Smollett before being released Friday. That is a separate investigation from the one conducted by Chicago police. "We were born and raised in Chicago and are American citizens".
Black leopard photos are awesome but not first in 100 years
The 2013 image in particular, he said, "is a captive black leopard that was brought from America as a kitten to Kenya, not wild". For the first time in a century, a rare melanistic leopard, commonly called a " black panther ", has been photographed in Kenya .
The situation got even more freakish when a pair of muscle-bound Nigerian-American brothers who had appeared as extras on Empire were arrested then released for the Smollett assault. Smollett has denied allegations that he faked the story.
The Chicago Police Department initially said they were investigating a "possible hate crime", following Smollett's report last month.
The two also reportedly worked with Smollett on "Empire".
The actor told detectives two men attacked him near the lower entrance of a Loews hotel in Chicago, according to Chicago police spokesman Anthony Guglielmi.
Police officials said that they are working with Smollett's legal team to arrange a surrender.
Police late last week said the men were being viewed as "potential suspects". The memo line on the check he paid them said it was for training as one of the brothers served as Smollett's personal trainer.
One of the men has appeared on "Empire", Guglielmi said.
Smollett attempted to address these questions in his emotional appearance on Good Morning America during his interview with Robin Roberts. "And that says a lot about the place where we are as a country right now".
A week before the alleged attack, Smollett told police he received a threatening letter at work.