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Sean “Diddy” Combs Seeks Pretrial Release: Attorneys Argue Lack of Flight Risk and Overly Harsh Bail Decision

Diddy’s legal team makes the case for his pretrial release, arguing that he is neither a flight risk nor a threat, while questioning the district court’s decision to deny bail.

by thinktank
October 8, 2024
Reading Time: 2 mins read
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Sean Combs, the hip-hop mogul known as Diddy, is pushing for pretrial release following his recent detention on serious charges, including racketeering and sex trafficking. His defense attorneys filed a motion in the United States Court of Appeals for the Second Circuit, claiming that Combs poses no flight risk or danger to the public, and that his continued detention is unnecessary and legally flawed.

In the court filing, Combs’ attorneys highlighted the extensive measures he has taken to cooperate with authorities since early 2024, when he first became aware of the investigation. These steps include reaching out proactively to prosecutors, voluntarily surrendering his passport, and sharing travel plans with federal authorities. Combs even listed his private plane for sale to address any concerns about his mobility and intent to flee​.

The motion also addressed the seriousness of the charges and the government’s claims. The government has pointed to an alleged 2016 domestic violence incident and multiple vague civil lawsuit allegations as evidence of obstruction risk. However, Combs’ defense emphasized that these events occurred years ago and are not indicative of any present threat. His legal team also explained that Combs’ communications with potential witnesses were routine and unrelated to any criminal intent, as they pertained primarily to civil matters that preceded the federal investigation​.

To support his request for bail, Combs proposed a stringent set of conditions, including home detention, GPS monitoring, and round-the-clock surveillance by former law enforcement professionals. His attorneys have even gone so far as to suggest banning his internet and phone access and requiring approval for all visitors to further alleviate any perceived threat of obstruction. According to the motion, the district court rejected these measures on speculative grounds, suggesting that Combs might still attempt to tamper with witnesses via indirect means. The defense rebutted this as unfounded, asserting that no evidence exists to support claims of tampering through intermediaries​.

The legal team underscored the constitutional right to pretrial liberty, arguing that Combs’ proposed conditions were sufficient to protect the public and prevent flight. They cited relevant precedent to emphasize that pretrial detention is intended only for extreme cases and pointed out that Combs has continually demonstrated a commitment to facing the charges head-on.

In his final plea, Combs’ attorneys stressed that the detention order failed to comply with the procedural requirements of the Bail Reform Act, as the district court had not provided a detailed assessment of the evidence or outlined why it believed there were no suitable alternatives to incarceration. The filing claims that Combs, a successful businessman, a father of seven, and a public figure, is fully invested in defending his name and should be allowed to do so outside of custody while awaiting trial​.

As this high-profile case proceeds, Combs’ legal team is pressing for a fair evaluation of his bail request, asserting that his character and record do not warrant his continued detention under restrictive conditions. The appeal court’s decision could set a significant precedent regarding the conditions under which defendants are granted bail in federal cases.

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