Sean ‘Diddy’ Combs asks judge to acquit him or give him new trial, calling conviction ‘unconstitutional’

By Elizabeth Wagmeister, CNN

(CNN) — Sean “Diddy” Combs has asked the judge who is overseeing his case to acquit him or give him a new trial – before he has even been sentenced.

In a 62-page memorandum, filed overnight on Wednesday, Combs’ defense argues that he was unfairly targeted by the federal government and that his conviction was “unconstitutional” and unprecedented.

Combs was convicted on two counts of transportation to engage in prostitution earlier this month, but was acquitted on the more serious charges of racketeering conspiracy and sex trafficking.

During his trial, prosecutors accused Combs of leading a criminal enterprise made up of some of his closest employees, alleging they used threats, violence, forced labor, bribery and other crimes to force Casandra “Cassie” Ventura and another woman, “Jane,” to engage in drug-fueled sex acts with male escorts called “Freak Offs” or “hotel nights.” His lawyers argued the sex acts were consensual and merely preferences of a “swingers’” lifestyle, while trying to undermine the hip-hop mogul’s accusers by contending they were trying to gain a monetary benefit from Combs. He pleaded not guilty to all charges.

The new filing states that Combs is the only person in America to be convicted under the Mann Act under his circumstances, with his attorneys arguing that had he only been charged with the two counts of transportation to engage in prostitution, his trial would have been entirely different with less evidence of violence presented to the jury.

“This conviction stands alone, but it should not stand at all,” Combs’ attorney Alexandra Shapiro wrote in the memorandum.

“Since the government arrested Sean Combs last September, it has painted him as a monster. For months, prosecutors accused him of running a 20-year racketeering enterprise and of sex trafficking multiple women,” the filing states. “But his 2-month trial showed these charges were not supported by credible evidence, and the jury rejected them.”

The filing continues: “Mr. Combs now stands convicted only of two prostitution counts under the Mann Act, which doesn’t require proof of coercion, threats, or fraud. The government told the jury it had to convict so long as Mr. Combs arranged for a long-time girlfriend or a paid male escort or entertainer to travel across state lines to get together and have sex. And that is all the jury convicted him for.”

Combs’ defense argues it is “undisputed that he had no commercial motive and that all involved were adults,” adding that the “men chose to travel and engage in the activity voluntarily.”

“To our knowledge, Mr. Combs is the only person ever convicted of violating the statute for conduct anything like this,” the filing states.

Both of the government’s alleged victims – former girlfriends Ventura and the woman who testified under the pseudonym “Jane” – testified that they did not want to have sex with other men, telling the jury repeatedly that although they did engage in the drug-fueled “Freak-Offs,” the sexual encounters were facilitated by Combs and they did not feel they had a choice, since he controlled their careers and finances. Ventura testified that she was scared of saying no to Combs’ requests for her to have sex with other men because he was frequently violent with her. The jury was presented ample evidence of Combs’ violence toward Ventura, including 2016 hotel surveillance footage of Ventura, which was first published by CNN in May 2024.

Despite their graphic testimony, the jury did not convict Combs of sex trafficking either woman.

“The verdict confirms the women were not vulnerable or exploited or trafficked or sexually assaulted during the freak-offs or hotel nights,” the filing states. “We are aware of no other case in which a person was convicted under” the Mann Act, “even though he made no money from the ‘prostitution,’ didn’t have sex with the alleged prostitutes, and didn’t arrange the ‘transportation’ with the intent of committing sexual assault, sex trafficking, or a sex crime involving a minor. Indeed, under longstanding Department of Justice policy, Mann Act charges are not filed in similar circumstances.”

“Sean Combs sits in jail based on evidence that he paid adult male escorts and entertainers who engaged in consensual sexual activities with his former girlfriends, which he videotaped and later watched with the girlfriends,” the filing later states. “That is not prostitution, and if it is, his conviction is unconstitutional.”

Combs’ team argues that the “Freak-Off” videos – portions of which were viewed numerous times by the jury – are not proof of coercion or prostitution, but rather “amateur porn.”

“When considered in its totality, the evidence presented by the government makes clear that Mr. Combs’s amateur porn, like many other adult films, was creative, intricate, and highly choreographed,” the filing states. “The videos accordingly have expressive content and are protected by the First Amendment.”

During trial, both women testified that Combs would threaten to release the sexually explicit videos that he had recorded of them, causing them to feel shame, embarrassment and fear.

Another motion for release

Combs’ request for a new trial or a full acquittal comes the same week his defense filed another motion pleading with the judge to release the rap mogul from jail, this time on a $50 million bond ahead of his sentencing, citing similar Mann Act arguments, as well as claiming he is not a flight risk nor a danger to the community. (The judge has requested prosecutors respond to that filing by end of day Thursday.)

That motion marked Combs’ latest attempt at bail, after the judge had already denied his previous requests, citing his admitted pattern of violent behavior.

When Combs requested to be released on bail after his sentencing, numerous witnesses – including Ventura – wrote letters to the judge, stating they would fear for their safety if Combs did not remain in jail.

Combs’ sentencing is currently set for October 3. He has been held in Brooklyn’s Metropolitan Detention Center since his arrest in Manhattan in September 2024.

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