Prosecutors in Sean "Diddy" Combs' sex trafficking case are emphasizing that the music mogul could be a danger to the community if he is granted bail.
Combs, 55, will learn this week if he can await his May 2025 trial in a three-bedroom apartment on New York City's Upper East Side rather than the notoriously rough Metropolitan Detention Center Brooklyn (MDC) where he is currently being held.
Combs was arrested and charged on September 16 with racketeering conspiracy, sex trafficking, and transportation to engage in prostitution. He has pleaded not guilty and denies any wrongdoing.
Combs is also facing nearly 30 lawsuits filed by alleged victims of his sexual misconduct. Houston-based lawyer Tony Buzbee is representing 120 alleged Combs victims.
In a heavily redacted court filing on Tuesday, Combs' lawyers told 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.
In their own letter to the judge, prosecutors emphasized that they do not base their detention request solely on Combs being a flight risk, due to his financial resources, but rather on multiple factors beyond wealth.
"To clarify, as outlined in the Government's opposition briefing and at the hearing, the Government is seeking the defendant's detention based on his danger to the community, including the serious risk of obstruction of justice he poses, as well as the defendant's risk of flight," the letter reads.
Combs has already been denied bail twice by two different judges. This is the first time Subramanian is considering Combs' $50 million bond package, which is secured by his Miami mansion.
Prosecutors have urged Subramanian to keep the "Bad Boy For Life" rapper detained, citing his actions behind bars as evidence of his alleged attempts to sway potential jurors in his criminal case.
Prosecutors allege that Combs orchestrated a social media campaign from jail to be carried out by his family members. The campaign, they claim, was designed to influence public perception ahead of his trial.
The government highlighted a specific incident tied to Combs' birthday on November 4, where he reportedly instructed his children to post a video of them celebrating on social media.
According to a filing, Combs monitored the video's analytics, including audience engagement metrics, and discussed strategies with his family to maximize the video's impact on potential jurors.
In a response filing, Combs' attorneys argued his communications, including public statements and social media posts are protected under the First Amendment. They specifically mentioned his children's birthday post.
"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.
Combs is also accused of contacting potential witnesses from jail by using other inmates' telephone accounts and three-way calls to speak to people not on his approved contacts list.
They also claimed Combs had used a third-party communication service called ContactMeAsap to contact "unauthorized" individuals.
Teny Geragos, a lawyer for Combs, responded to this accusation in a court filing last week, stating she was aware that he was using the messaging platform but was never informed that it was unauthorized for him to do so.
"Mr. Combs is no longer using ContactMeAsap.com as of November 16, 2024," she wrote.
This is a developing news story and will be updated as more information becomes available.
Do you have a story Newsweek should be covering? Do you have any questions about this story? Contact LiveNews@newsweek.com