WATCH: Tucker Carlson says Jussie Smollett was released ‘because he’s not a Trump voter… he’s a Hilary man’

"He was just a few days into his 150-day sentence. But this evening, an appeals court ruled that Jussie Smollett can go home while he works to get his conviction overturned," Carlson said. "Because he's not a Trump voter. He's not one of those January 6 guys, rotting in solitary for more than a year. He's Jesse Smollett. He's a famous actor."

"Smollett’s attorney said the appeals process will take longer than 150 days, so it's only fair to let him out as the appeal works its way through the system, because …he's a Hilary man."

"They also argued Smollett was in danger in the Cook County jail, even though he was in solitary confinement. He could have beat himself up again. Apparently, those arguments took the day. So, Jussie Smollett is back home tonight."

Jussie Smollett, who created a hate hoax and was later convicted for lying to police, which resulted in a massive waste of law enforcement resources and time was granted his freedom Wednesday by the First District Court of Appeals.

Following his sentencing earlier this month, Smollett said he was only in jail because he was black, telling TMZ that the sentence was evidence of systemic racism.

Smollett had been sentenced to 150 days in prison and $140,000 in fines was imposed for restitution. The prison time began immediately upon sentencing last week. Smollett was convicted in December on five felony counts of disorderly conduct.

During the sentencing hearing, Cook County Judge James Linn blasted Smollett and his attorneys, saying "I've never had a case that has been pled as exhaustively as this one. Voluminous writings, hundreds and hundreds of pages of filings asking for multiple motions to dismiss Jeopardy claims, motion to disqualify counsels, all of which are contained in the post trial motion."

"Let me tell you Mr. Smollett," Linn said addressing the actor prior to handing down the sentence, "I know that there is nothing that I will do here today that can come close the damage you've already done to your own life. You've turned your life upside down here, misconduct and shenanigans. You've destroyed your life as you knew it. And there's nothing that any sentencing judge could do to you that can compare to the damage you've already caused yourself."

"He cares deeply about social justice issues, and for you now to sit here convicted of hoaxing hate crimes, racial hate crimes, and homophobic hate crimes, that hypocrisy is just astounding," Linn later said.