Lawyers for Sean "Diddy" Combs say they are sending a security guard to inspect the three-bedroom New York City apartment where the disgraced mogul will stay if he is granted bail this week.
In a heavily redacted court filing on Tuesday, Combs' lawyers told U.S. District Judge Arun Subramanian that a security professional was going to the apartment to assess the location. Security was also looking into where cameras and other security measures could be put in place.
The exact location of the apartment has not been disclosed but Combs' attorney Marc Agnifilo said it is on the Upper East Side.
Combs, 55, is currently behind bars at the Metropolitan Detention Center Brooklyn (MDC) as he awaits the May 2025 trial in his sex trafficking case.
The "Bad Boy For Life" rapper's lawyers are once again proposing a $50 million bail, secured by Combs' Miami mansion, which his team claims is worth about $48 million.
He has twice been denied bail by two different judges who decided he is a flight risk and a danger to the community, including to alleged victims and possible witnesses.
On Friday, Subramanian decided to postpone his bail decision until this week. At the time of publication, a decision has not been made.
Agnifilo argued in court on Friday that Combs' NYC apartment would be "more restrictive than in the MDC." He said there would be three security guards and no access to phones or the internet, except for calls from his legal team.
Subramanian ordered Combs' legal team to submit letters by Monday at noon laying out what kinds of communication Combs should be permitted to engage in after prosecutors accused him of contacting potential witnesses and influencing the jury pool from behind bars.
Combs' lawyers filed their letter minutes before noon, arguing that he should be evaluated based on the "most demanding scrutiny" that former President Donald Trump's case used.
In citing the United States v. Trump presidential immunity case, Combs' lawyers noted that a court found "only a significant and imminent threat to the administration of criminal justice" supports restricting a defendant's speech.
Since Combs is a criminal defendant who is presumed innocent, his lawyers argued he has a "greater constitutional claim" than other trial participants to criticize and speak out against the prosecution, according to the ruling in Trump's case.
"Accordingly, the Court should apply Trump's heightened standard when considering Mr. Combs' speech here," his attorneys wrote.
His attorneys also argued that Combs' communications, including public statements and social media posts are protected under the First Amendment. They specifically mentioned his kids' social media post wishing him a happy birthday on November 4.
"The government's arguments that asking his children to post birthday wishes on Instagram and that he is not entitled to publicly express his opinion that this prosecution is racially motivated are, quite simply, an unconstitutional effort to silence him," his lawyers wrote.
However, prosecutors wrote in their Monday letter to the judge that Combs' First Amendment arguments are "baseless" and violate the court's order.
Referring to his kids' birthday post, prosecutors wrote, "The defendant's intent could not be clearer: he expressly wanted to interfere with the jury pool in this case through a targeted, public, social media post and he caused his family members to make the post."
This is a developing news story and will be updated as more information becomes available.
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