Fox News senior judicial analyst Judge Andrew Napolitano said the manner in which prosecutors dropped the charges against Jussie Smollett is "almost unheard-of."

In a shocking announcement Tuesday morning, the Cook County State’s Attorney’s office said it will not be prosecuting Jussie Smollett, who was previously accused of fabricating a hate crime in Chicago in order to drum up publicity for his role on the TV drama "Empire."

The judge reportedly granted a nolle pros, which essentially means that the case has been dropped and that he will no longer be prosecuted for the alleged crime.

Smollett previously pleaded "not guilty" to 16 counts of disorderly conduct stemming from the alleged incident in which he claimed two men beat him, poured bleach on him and placed a rope around his neck before yelling, "This is MAGA country."

On "America's Newsroom" Tuesday, Napolitano said it's "almost unheard-of" for the government to indict someone and then decide they cannot or will not prove the charges beyond a reasonable doubt.

"It is either the result of extraordinary lawyering on the part of his lawyers or a realization by the government of some defect in its evidence that it did not know it had at the time it sought and obtained an indictment against him," Napolitano said.

He said if it's the latter, then it's a result of very poor work on the part of the prosecutors, who should have identified that defect before they sought an indictment.

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