Former U.S. Attorney Guy Lewis said "it's a whole new ballgame" now that the FBI is reviewing the Jussie Smollett case.

Cook County State's Attorney's Kim Foxx has come under fire after her office decided not to prosecute the "Empire" actor for allegedly staging an assault against himself in January.

Foxx did not “formally” recuse herself from the case, her office said in a statement Thursday, explaining that Foxx used the term "recuse" in a "colloquial" sense rather than a legal sense when she left the case in February.

President Trump announced on Twitter Thursday that the FBI and Justice Department would review the case, which he called “an embarrassment to our nation.”

On "America's Newsroom" Friday, Lewis said the statement from Foxx's office is "100-percent inconsistent" with her initial announcement that she was recusing herself.

"And that's another reason why the FBI will look at this, the process. How did this happen? Who made it happen?" Lewis said. "Frankly, a dismissal like this, where we're not even talking about the evidence or a change in circumstances, highly, highly unusual."

He said that the FBI will also continue to investigate if Smollett committed mail fraud by allegedly mailing a fraudulent threatening letter to himself several weeks before the alleged hate crime hoax.

"I think that's going to be a big deal here in the next few weeks."

Watch the "America's Newsroom" segment above.


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