Sean “Diddy” Combs is asking to be acquitted on two counts of transportation to engage in prostitution — or, he wants a new trial.
Us Weekly obtained a new motion filed by Diddy’s lawyers late Wednesday, July 30, arguing that he is not in violation of the Mann Act, a federal law that prohibits the transportation of individuals over state or international lines for the purposes of prostitution.
According to his lawyers, Diddy did not arrange transportation for people hired for his alleged “freak offs,” nor did he have sex with them. His lawyers said that Diddy’s involvement was limited to watching and/or filming the sex acts, pointing out that “multiple state courts have held that paying for voyeurism — to watch other people have sex — is not prostitution.”
During Diddy’s trial, ex-girlfriend Cassie, 38, testified that a “freak off” “basically entails the hiring of an escort and setting up this experience so that I could perform for Sean.” She added that Diddy would “actually direct us on what we were doing.” She and another witness — identified only as “Jane Doe” — both testified that Diddy would film these “freak offs.”
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“To our knowledge, Mr. Combs is the only person ever convicted of violating the statute for conduct anything like this,” the motion states. “It is undisputed that he had no commercial motive and that all involved were adults. The men chose to travel and engage in the activity voluntarily. The verdict confirms the women were not vulnerable or exploited or trafficked or sexually assaulted during the freak offs or hotel nights. And Mr. Combs never had sex with the supposed ‘prostitutes.’”
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In September 2024, Diddy was indicted on federal charges including two counts of transportation to engage in prostitution, two counts of sex trafficking and one count of racketeering conspiracy. He was cleared of the sex trafficking and racketeering conspiracy charges during his trial, which concluded in early July. (Diddy has maintained his innocence since his initial arrest and denied all charges against him.)
Should Diddy not be acquitted, his lawyers are asking Judge Arun Subramanian to grant him a new trial solely related to the two prostitution-related charges. They said a new trial should exclude video evidence presented at the initial trial that showed him assaulting then-girlfriend Cassie in a hotel hallway in 2016. That footage, they said, was admitted in relation to the sex trafficking and racketeering charges and was “irrelevant and unfairly prejudicial” to the two charges of which he was ultimately found guilty.
“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 motion says. “That is not prostitution, and if it is, his conviction is unconstitutional. The Court should grant an acquittal, or at an absolute minimum, a new trial on the Mann Act counts alone.”
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Diddy was convicted on the two transportation to engage in prostitution charges on July 2 following the conclusion of a two-month trial. He could face up to 20 years in prison less time already served when he is sentenced on October 3.
In a Tuesday, July 29, court filing, Diddy’s lawyers again asked Judge Subramanian to release the music mogul on bail pending the October sentencing. They are asking he is released on a $50 million bail.
“Sean Combs should not be in jail for this conduct,” the motion, obtained by Us, said. “In fact, he may be the only person currently in a United States jail for being any sort of john, and certainly the only person in jail for hiring adult male escorts for him and his girlfriend, when he did not even have sex with the escort himself.”
This week, Deadline and TMZ both reported that President Donald Trump is considering pardoning Diddy. Us understands that the White House does not comment on potential pardons. Diddy’s reps didn’t respond to a request for comment on Wednesday.