Former federal prosecutor calls latest Diddy court claims 'weak'
Sex trafficking suspect Sean 'Diddy' Combs' protest about having his jail cell searched is a stretch, according to Neama Rahmani, a trial lawyer and former assistant US attorney.
NEW YORK – A federal judge in New York City told Justice Department prosecutors to delete photographs of Sean "Diddy" Combs' notes that were taken during a search of his Brooklyn jail earlier this month.
Combs' lawyers accused federal investigators this week of wrongfully confiscating privileged materials from his Brooklyn jail cell, a "weak" claim, according to one legal expert who explained how inmates have a reduced expectation of privacy while behind bars.
But the judge sided with them, at least in part. The court will take more time to review other materials that Combs' team says are protected by attorney-client privilege, which include 19 pages of notes from his locker in the federal detention center, "intact pages from two different legal pads," pages from an address book, and torn-out pages from three other legal pads.
The prosecution asked if at least one person from the filter team can have a copy and the judge agreed. But no other person from prosecution can keep copies. The court has a copy of its own.
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Sean "Diddy" Combs rides a bicycle from his home across the Star Island Bridge in Miami Beach, Florida, April 4, 2024. The hip-hop magnate's South Florida home was raided by Homeland Security Investigations and local law enforcement as part of a federal investigation. (Romain Maurice/Mega for Fox News Digital)
He did not make any other ruling regarding the other concerns about attorney client privileges and said he needs a few weeks to do so. The defense team also requested surveillance video of this sweep and any communication between the government about the sweep. No rulings on that yet.
However, according to Neama Rahmani, a former federal prosecutor who runs a private practice in Los Angeles, anything taken from Combs by federal investigators that they turned over to prosecutors was likely vetted by a third-party team and found not to include any privileged material.
"Diddy’s only real chance at an acquittal is pay off, threaten, or blackmail the victims to change their stories," Rahmani said. "And prosecutors want to make sure that doesn’t happen."
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Combs pleaded not guilty in September to federal sex trafficking, racketeering and other charges.
Combs' allegedly employed associates to help protect and promote the Combs Enterprise. (Shareif Ziyadat/Getty Images)
His defense team is asserting that some of the material is protected by attorney-client privilege. A hearing on the matter was scheduled for 3 p.m. Tuesday, and his lawyers separately asked the judge to let him appear without shackles moving forward.
The items were taken during a federal search of the jail that authorities previously said was pre-planned and not connected to Combs' case.
Rahmani downplayed the claims from Combs' high-powered legal team, which experts say faces an uphill battle given the gravity of the case and the resources of the Justice Department.
"Inmates don’t have a Fourth Amendment expectation of privacy in prison, so that argument is weak," he told Fox News Digital. "Guards can search his cell without probable cause or a warrant."
Potentially privileged documents typically undergo special treatment, he said.
Sean "Diddy" Combs attends Invest Fest at Georgia World Congress Center on Aug. 26, 2023, in Atlanta. (Paras Griffin/Getty Images)
"The feds usually use a ‘taint’ or ‘dirty’ team of agents that aren’t working on the case to conduct these searches," he said. "That way, if they see privileged materials, the ‘clean’ team won’t be disqualified from the case."
Combs is due in court for a bail hearing Friday, his latest attempt to go free before trial. Prosecutors, however, accuse him of attempting to pressure witnesses from behind bars and say he must remain remanded.
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"Prosecutors have reason to believe Diddy is obstructing justice from prison, by contacting witnesses through intermediaries," Rahmani said. "This is the same argument they made during his bail hearing, and I think they have the evidence to back it up."
In court documents, his lawyers argued that the brutal assault of former girlfriend Casandra "Cassie" Ventura in a Los Angeles hotel, preserved on video, was part of "a minutes-long glimpse into a complex but decade-long consensual relationship between Mr. Combs and Victim-1."
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Prosecutors previously raised "serious concerns" about the safety of victims and witnesses if Combs were to go free, and the judge overseeing his criminal case rejected his wide-ranging request for a gag order that would have restricted additional accusers from coming forward.
"Combs’s authorities don’t support a gag order applicable not only to trial participants, but also to any alleged victim and their lawyer," Judge Arun Subramanian wrote. "Local Rule 23.1 doesn’t authorize this kind of relief. The limitations of that rule don’t even apply to witnesses, let alone prospective ones that haven’t yet been identified."
Combs has been held without bail at a federal jail in Brooklyn since his arrest on federal sex trafficking, forced prostitution and racketeering charges.
A trial is scheduled for May 5 of next year. By then, the U.S. attorney overseeing his case could be replaced by President-elect Trump's nominee, former Securities and Exchange Commission Chairman Jay Clayton.
The feds opened their investigation in November 2023, around the time Ventura sued Combs alleging physical and sexual abuse. They settled out of court a day after she filed it.
Sean "Diddy" Combs signals to boaters as they pass by his Star Island home in Miami Beach on April 7, 2024. (Zak Bennett for Fox News Digital)
Combs vehemently denied the allegations from Ventura and from all the other accusers. Then the video leaked – showing the nearly naked billionaire brutally assaulting her in the hallway of Los Angeles' Intercontinental Hotel.
The video appeared to corroborate at least one claim in Ventura's lawsuit – that Combs assaulted her in the hotel in 2016.
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"Mr. Combs became extremely intoxicated and punched Ms. Ventura in the face, giving her a black eye," her lawyers alleged.
He was drunk, according to the lawsuit, and when he passed out she tried to sneak out. But he allegedly woke up and resumed screaming at her, followed her into the hallway and threw her on the ground.
Sean "Diddy" Combs stands before U.S. Magistrate Judge Robyn Tarnofsky after prosecutors brought three criminal charges against him in Manhattan federal court. (Reuters/Jane Rosenberg)
Over the past year, new accusers have continued to come forward, and Texas attorney Tony Buzbee said in October he now represents more than 100 people looking to sue the rapper.
He has been accused of doling out date rape drugs and victimizing adults and children at parties, some of which allegedly involved unnamed "celebrity" accomplices.
If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.
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