On Friday, a federal judge denied Sean “Diddy” Combs’ request to prevent potential witnesses from speaking publicly in his criminal sex trafficking case, asserting that his concerns do not outweigh an alleged victim’s right to free speech.
Combs’ legal team had sought a gag order to stop potential witnesses and their attorneys from making public statements following a wave of civil lawsuits alleging sexual assault, as well as media interviews given by a witness who had previously testified before the grand jury.
Judge Arun Subramanian stated that he is working to balance Combs’ right to a fair trial with the First Amendment rights of the alleged victims.
“Not all alleged victims will be participants in this case, and a blanket restriction on their speech will silence individuals who may never have anything to do with the proceedings here. And in any event, less restrictive alternatives must be considered and rejected before imposing a restraint on speech,” Judge Subramanian wrote in the order.
The order comes as Combs’ legal team filed a new request seeking release from jail based on new information, they argue, that undercuts the prosecution’s allegations that Combs forced women and others to engage in drug-fueled, days-long sex acts.
Combs has pleaded not guilty to the charges and has said the allegations in the civil lawsuits, including abuse of minors, are “absolutely false.”
Combs has been denied bail twice—initially by the magistrate judge he first appeared before, and subsequently by the trial judge assigned to the case. After the trial judge recused himself, the case was reassigned to Judge Arun Subramanian.
Prosecutors have argued that Combs poses a physical threat to witnesses and victims and allegedly engaged in witness tampering by contacting individuals linked to the case.
In a court filing with numerous redactions, Combs’ attorneys claim that information they’ve obtained from prosecutors “negates” the government’s claim that there is a second victim—in addition to “Victim 1” as identified in the indictment—and weakens prosecutors’ allegation of witness tampering.
“The new material demonstrates that the government previously misrepresented the weight of the evidence. And it undermines the government’s claim that Mr. Combs presents a danger,” Combs’ lawyers wrote to the judge.
Combs’ legal team said there is evidence that undermines the core allegation that he sex trafficked his former long-term girlfriend, identified as Victim 1 in the indictment.
“The government recycled Victim 1’s allegations, but the case requires her potential testimony, which will be refuted by years of written correspondence and other documentary evidence.”
Combs’ lawyers also argued that the conditions at the Metropolitan Detention Center, where he is housed, make it difficult to prepare for trial. During a recent government sweep of the federal jail, they said, guards confiscated Combs’ pens.
“Officers ruffled through his personal notes and left them scattered, out of order and disorganised. These notes included his work product and notes reflecting communications with defence counsel. The officers also seized Mr. Combs’ pens, leaving him unable to take further notes while reviewing discovery or during counselled calls,” they wrote.
Combs’ legal team put forward a bail proposal similar to those previously rejected by the courts. In this new proposal, they suggested a $50 million bond, co-signed by Combs himself, his mother, his adult sons, and others. Additionally, they recommended home detention with GPS tracking and constant surveillance by private security personnel.
The proposal also outlined restrictions on visitors, limiting access to Combs’ legal team and immediate family members. This contrasts with his earlier proposal, where he had not specified such restrictions, allowing employees, friends, and others to visit.
In support of their request, Combs’ lawyers pointed to a similar arrangement in the sex trafficking case involving the former Abercrombie & Fitch CEO, who was granted release on a $10 million bond.