Why not a hate crime?

Jussie Smollett was indicted on Friday on 16 counts of disorderly conduct.  Just curious, why wasn’t he indicted for a hate crime?

The news media went gaga over the fact that he was the supposed victim of a hate crime, then he is caught faking the alleged attack and lying about it, and in the process, making statements that the attackers wore MAGA hats.

Don’t you think that if this was in fact a real attack, that the accused would have been charged with a hate crime?

2setsofrules sees this as a clear example of two sets-of-rules.   While the Chicago PD has done an absolutely fantastic job investigating this event, it’s too bad “hate crime” wasn’t included in the list of charges.