Diddy and his legal team are once again asking Judge Arun Subramanian to grant his release from pre-sentencing imprisonment, arguing that his incarceration is both unjustified and historically unique.
The motion, filed on Tuesday, claimed the disgraced mogul is the only person in the country who was jailed for conduct related to consensual sex under the Mann Act. Diddy’s attorneys, Marc Agnifilo and Teny Geragos, argued that their client’s actions of paying male escorts to engage in consensual sex with his then-girlfriend as part of a swinger lifestyle should not lead to incarceration.
“There has literally never been a case like this one […] Sean Combs should not be in jail for this conduct,” the motion stated, arguing that the government’s approach “is inconsistent with Justice Department policy,” which usually targets commercial sex exploiters rather than individual participants.
Diddy was convicted in June on two counts under the Mann Act but was acquitted of more serious charges, including racketeering conspiracy and sex trafficking. He has been sitting behind bars since the verdict, after the court deemed him a danger to the community due to past incidents of violence.
However, the filing is aiming to challenge that notion, highlighting Diddy was “enrolled in a domestic violence program, in which he participated until he was arrested and incarcerated in connection with this case.” The filing also claimed that since 2018, Diddy had only one violent incident in which the defense claims he was provoked.
To support his release, Diddy and his team are offering a $50 million bond secured by his Florida estate, a promise to remain under strict supervision, electronic monitoring, surrender his passport, and even house arrest if needed. The bail package also includes co-signers and travel restrictions in Florida and New York.
Judge Subramanian, after receiving the motion, ordered the government to respond by Thursday (July 31). Diddy is scheduled to be sentenced on October 3.
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