Topline
Sean “Diddy” Combs urged a judge to drop his conviction on prostitution charges or else he would push for a new trial, alleging his conviction was “unconstitutional” and that the sex acts at the center of his two-month trial did not amount to interstate prostitution for commercial gain.
Combs’ lawyers, in a legal filing late Wednesday, said they believe he is the ”only person ever convicted” under the Mann Act, an anti-sex trafficking law that was used to charge Combs on prostitution offenses, who had “no commercial motive” and engaged in sex acts with consenting adults.
His lawyers disputed the Mann Act charges, stating Combs did not profit from the alleged prostitution and that his payments to escorts were transactions with lawful businesses, demanding the court grant “an acquittal, or at an absolute minimum, a new trial on the Mann Act counts alone.”
Combs’ lawyers said the “freak-off” sex performances he sometimes videotaped, which were a key part of testimony from his ex-girlfriend Cassie Ventura, were “creative, intricate, and highly choreographed” forms of “amateur porn,” which the lawyers said is “protected under the First Amendment.”
The filing reintroduced an argument the defense had made throughout the trial, that “Combs, at most, paid to engage in voyeurism as part of a ‘swingers’ lifestyle,” which his lawyers said is not the same as prostitution and is not illegal.
The filing was made one day after Combs’ lawyers asked the judge to release him from jail on a $50 million bond, where he remains as he awaits his October sentencing.
It’s unclear whether President Donald Trump plans to pardon Sean “Diddy” Combs, with whom he was acquainted decades ago, though Deadline reported on Tuesday the president is “seriously considering” a pardon, citing an unnamed administration source. Trump previously told a reporter who asked in May whether he would pardon Combs that he would “look at the facts,” adding he had not spoken to the music mogul since he entered politics. Rolling Stone reported in May that members of Combs’ team had reached out to Trump allies to discuss a possible pardon, though sources told Rolling Stone that Trump officials had hesitated because of the severity of Combs’ charges. Trump has a history of pardoning celebrities, including rappers Lil Wayne and NBA YoungBoy, both of whom faced weapons charges.
At the conclusion of his two-month trial earlier on July 1, Combs was found guilty on two of his five federal charges: both counts of transportation to engage in prostitution, one of which was related to Ventura while the other concerned his ex-girlfriend who testified under the pseudonym “Jane.” Prosecutors argued he had transported his former girlfriends and male sex workers across state lines to engage in drug-fueled, marathon “freak-off” or “hotel night” sex performances. He was acquitted on the most serious charges, two counts of sex trafficking and one count of racketeering conspiracy. He pleaded not guilty to all five charges. Combs still faces prison time, but his acquittals spared him from what could have been life in prison. Each count of transportation to engage in prostitution carries a maximum sentence of 10 years in prison, though prosecutors previously indicated in a filing they would seek between four and five years in prison based on federal sentencing guidelines. The defense is pushing for a shorter sentence of about two years.
Combs will be sentenced on Oct. 3, according to court filings. A judge previously denied Combs’ request for bail, suggesting evidence that was presented during the trial—particularly the surveillance footage from 2016 that depicted Combs attacking Ventura in a Los Angeles hotel—indicates he could be a danger to society.
Sean Combs, Awaiting Sentencing, Asks Judge to Release Him From Jail (New York Times)