It’s Diddy’s fifth attempt at bail.
Rap mogul Sean Combs, jailed since September, asked again on Tuesday to be freed pending his October 3 sentencing.
His 12-page letter to his Manhattan judge argues that on July 2, a jury cleared Combs of sex trafficking and racketeering.
He was found guilty, the letter argues, only of the least serious charges he had faced: two violations of the federal Mann Act, for transporting a pair of ex-girlfriends and several male escorts across state lines to engage in commercial sex acts.
Combs was “convicted of paying for sex services to be provided to his girlfriends,” his letter to US District Judge Arun Subramanian argues.
In other words, he’s just a “swinger” and a “john,” the letter argues. And “johns” don’t deserve jail time.
“In the history of the statute, the Mann Act has never been applied to facts similar to these to prosecute or incarcerate any other person,” reads the letter, signed by lead counsel Marc Agnifilo.
“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,” Agnifilo argues.
The Mann Act is universally applied only to people who financially profit from prostitution, not their customers,” Agnifilo argues.
“That Sean Combs remains in jail for being convicted of being a customer of consensual adult sex services makes this case truly exceptional.”
The letter argues that Combs is not a risk of flight or a danger to the community, and offers to put up a $50 million bond secured by his mansion in Miami, where he would stay pending his sentencing.
Combs had tried for bail immediately after his verdict, but was turned down by Subramanian after prosecutors argued that he faces significant jail time — possibly more than five years — even on the two Mann Act convictions.
His once-thriving business empire, which included recording, media, and lifestyle brands, have also taken a serious hit as a result of the prosecution and a barrage of related civil lawsuits.
In denying bail on the day of the verdict, Subramanian cited Combs’ admitted violence against the two girlfriends he was convicted of transporting, R&B singer Cassie Ventura and a woman who testified as Jane Doe.
“This type of violence, which happens behind closed doors in personal relationships, sparked by unpredictable bouts of anger, is impossible to police” outside of a jail setting, the judge argued then, even with bail conditions like home confinement and electronic monitoring.
Combs also continued to be violent with the second girlfriend, “at a time when he should have known he needed to say clean,” Subramanian added. “This highlights a disregard for the rule of law and the propensity for violence.”
Subramanian had also denied bail pretrial, in November, after prosecutors accused Combs of trying to influence witnesses and the upcoming trial by reaching out to witnesses from jail or through intermediaries.
“No condition or combination of conditions will reasonably assure the safety of the community,” including for witnesses and prospective jurors, if Combs were released, the judge argued at the time.
Two previous judges had also denied bail, citing concerns about the allegations of violence and threats in the indictment.
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