Lee Daniels Says 'Empire' Cast Is Feeling 'Pain and Anger' After Jussie Smollett Fallout The 'Empire' creator shared a video on Instagram where he addressed the Smollett incident. Lee Daniels, via Instagram Lee Daniels, via Instagram Smollett allegedly hired two brothers to stage a racial and homophobic attack against him. The 'Empire' actor pleaded not guilty to 16 felony charges on March 14. Smollett is still appearing in 'Empire' episodes that were filmed before his attack on Jan. 29. Smollett has been written out of the final two episodes of the season. 'Empire' airs Wednesdays at 8 p.m. EST on Fox.