Sean “Diddy” Combs’ legal professionals are poised to attempt to persuade federal appeals courtroom judges that the hip-hop mogul was handled unfairly on the trial that despatched him to jail on prostitution-related prices, and that the First Modification ought to win his freedom.
Combs, at present in federal jail in New Jersey, will not be at Thursday morning’s arguments earlier than a panel of three federal appellate judges. He is difficult his conviction and greater than 4-year jail sentence.
His attorneys say Combs’ conviction ought to be reversed, or he ought to no less than be freed and resentenced to much less time behind bars.
Prosecutors oppose the arguments.
In written arguments, Combs’ legal professionals repeated claims they made earlier than the trial choose, together with an assertion that Combs’ movies of sexual encounters between his girlfriends and male intercourse employees amounted to “newbie pornography,” and was protected by the First Modification. The attorneys mentioned the time period “prostitution” ought to be interpreted narrowly to exclude what they painting as voyeuristic and expressive exercise.
The legal professionals additionally argue that Combs’ sentence was too harsh, saying the trial choose wrongly based mostly it partly on a conclusion that the crimes concerned fraud and coercion and that Combs was a pacesetter or organizer of prison exercise. Combs was acquitted of intercourse trafficking and racketeering prices that carried the potential for a life sentence.
He was convicted below the federal Mann Act, which bans transporting individuals throughout state traces for any sexual crime.
Federal prosecutors mentioned in courtroom papers that Combs’ recordings do not make his case a free speech situation.
They mentioned that if Combs was proper in claiming that “artistic,” “elaborate” and “extremely staged” intercourse acts meant that they have been protected by the First Modification, then “brothels providing elaborate and staged scenes for people to have intercourse with ladies for fee may declare First Modification safety.”
Prosecutors additionally mentioned the sentence was correct.
Combs’ trial final yr uncovered the sordid non-public lifetime of probably the most influential figures in music. The case featured harrowing testimony about violence, medicine and sexual performances that witnesses mentioned he referred to as “freak-offs” or “lodge nights.”
He didn’t testify. His protection staff acknowledged that he may very well be violent however argued that prosecutors have been straining to make a federal crime out of his private life.
Combs, 56, has been behind bars since his September 2024 arrest. The Federal Bureau of Prisons says he’s scheduled for launch in April 2028.
