Sean "Diddy" Combs' lawyers claimed the disgraced Bad Boy billionaire was deprived of the right to a fair trial through a series of "unlawful government leaks" in new motions filed Wednesday.
Combs, 54, requested an evidentiary hearing to examine alleged government misconduct in connection with the leaks of "discovery emails, documents and records in the possession of the government (including DHS) related to these leaks)," according to documents obtained by Fox News Digital.
He accused Department of Homeland Security agents of providing "false and prejudicial statements" to various press outlets over the last seven months following the raids on his homes in Miami and Los Angeles, where his sons were "handcuffed and manhandled by federal agents armed with assault rifles."
Assistant United States Attorney for the Southern District of New York, Emily Johnson, denied DHS having involvement in the leaked CNN video.
"To be clear, to our understanding, DHS did not have possession of the videotape prior to CNN's publication of it," she wrote in an email submitted to the court. "Only the Government has authority to obtain grand jury material, and the video broadcast by CNN was not obtained through grand jury process."
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The "Last Night" singer accused officials of leaking the 2016 surveillance video from the Intercontinental Hotel to CNN, which allegedly showed Combs assaulting his then girlfriend, Cassie Ventura.
Combs "kicked dragged, and threw a vase at a woman as she was attempting to leave," the indictment said. "When a member of the hotel security staff intervened, Combs attempted to bribe the staff member to ensure silence."
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"While the government’s misconduct in this case is particularly egregious, it is unfortunately part of a trend in this District—the government has learned that it can strategically leak information with impunity," the documents stated. "This Court should exercise its authority to prohibit these underhanded tactics, which severely undermine a criminal defendant’s right to a fair trial."
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The request for the hearing "is needed to determine exactly what the DHS did, and did not to regarding these leaks, and what the U.S. Attorney's Office did and did not do to stop them," the filing stated.
"While the government’s misconduct in this case is particularly egregious, it is unfortunately part of a trend in this District—the government has learned that it can strategically leak information with impunity."
"At the outset, the defense wants to be clear with the Court as to what our theory is and is not. We do not contend that the leaks were orchestrated by the U.S. Attorney’s Office. Rather, we contend that the false media statements and the grand jury leaks complained of below were planned and executed by DHS. As the parties develop more information in this regard, the Court will see that the defense repeatedly contacted the prosecutors and stated, in substance, that their agents were leaking information to the press.
"Yet regardless of what, if any, action the U.S. Attorney’s Office took, the leaks continued, even until after the arrest. The reason a hearing is needed is to determine exactly what the DHS did, and did not do regarding these leaks, and what the U.S. Attorney’s Office did and did not do to stop them."
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Combs was arrested on Sept. 16 and charged the following day with racketeering conspiracy; sex trafficking by force, fraud or coercion; and transportation to engage in prostitution. The rapper entered a not guilty plea hours after an indictment was unsealed detailing his alleged sex crimes.
"The reason a hearing is needed is to determine exactly what the DHS did, and did not do regarding these leaks, and what the U.S. Attorney’s Office did and did not do to stop them."
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Authorities alleged Combs ran a criminal enterprise through his businesses, including Bad Boy Entertainment, Combs Enterprises and Combs Global, among others. He used "firearms, threats of violence, coercion and verbal, emotional, physical, and sexual abuse" to fulfill his sexual desires, according to the unsealed indictment obtained by Fox News Digital.
Combs and his employees would "intimidate, threaten, and lure female victims into Combs' orbit, often under the pretense of a romantic relationship. Combs allegedly then used force, threats of force and coercion to cause victims to engage in extended sex acts with male commercial sex workers that Combs referred to as, among other things, 'Freak Offs.'" Combs often provided IV fluids to his victims after "freak offs" to recover from physical exertion and drug use, according to the indictment.
The United States Attorney's Office and CNN declined to comment.