Judge rejects gag order request by Sean ‘Diddy’ Combs

A federal judge rejected Sean "Diddy" Combs’ attempt to silence all potential witnesses in his criminal sex trafficking case on Friday, saying his concerns do not outweigh an alleged victim’s right to free speech.

Combs’ team moved for a gag order to stop potential witnesses and their attorneys from speaking publicly after more than a dozen civil lawsuits were filed alleging sexual assault and following media interviews one witness gave after he appeared before the grand jury.

Judge Arun Subramanian said he is balancing Combs’ right to a fair trial with the First Amendment rights of his alleged victims.

"Not all alleged victims will be participants in this case, and a blanket restriction on their speech will silence individuals who may never have anything to do with the proceedings here. And in any event, less restrictive alternatives must be considered and rejected before imposing a restraint on speech," Judge Subramanian wrote in the order.

The order comes as Combs’ legal team filed a new request seeking release from jail based on new information, they argue, that undercuts the prosecution’s allegations that Combs forced women and others to engage in drug-fueled, days-long sex acts.

Combs has pleaded not guilty to the charges and has said the allegations in the civil lawsuits, including abuse of minors, are "absolutely false."

Combs was twice denied bail, first by the magistrate judge who he appeared before, and again by the trial judge assigned the case. That judge recused himself and the case was transferred to Judge Subramanian.

Prosecutors have argued Combs poses a physical threat to witnesses and victims, and engaged in witness tampering by having contact with certain individuals connected to the case.

In a court filing with numerous redactions, Combs’ attorneys claim that information they’ve obtained from prosecutors "negates" the government’s claim that there is a second victim – in addition to "Victim 1" as identified in the indictment – and weakens prosecutors’ allegation of witness tampering.

"The new material demonstrates that the government previously misrepresented the weight of the evidence. And it undermines the government’s claim that Mr. Combs presents a danger," Combs’ lawyers wrote to the judge.

Combs’ legal team said there is evidence that undermines the core allegation that he sex trafficked his former long-term girlfriend, identified as Victim 1 in the indictment.

"The government recycled Victim 1’s allegations, but the case requires her potential testimony, which will be refuted by years of written correspondence and other documentary evidence."

Combs’ lawyers also argued that the conditions at the Metropolitan Detention Center, where he is housed, make it difficult to prepare for trial. During a recent government sweep of the federal jail, they said, guards confiscated Combs’ pens.

"Officers ruffled through his personal notes and left them scattered, out of order and disorganized. These notes included his work product and notes reflecting communications with defense counsel. The officers also seized Mr. Combs’ pens, leaving him unable to take further notes while reviewing discovery or during counseled calls," they wrote.

Combs’ team proposed a bail package that is similar to packages previously rejected by the judges. In addition to the US$50 million bond, co-signed by Combs, his mother, the adult sons and others, they propose home detention with GPS monitoring and 24/7 monitoring by private security.

Visitors would be limited to Combs’ lawyers and family members under the latest proposal. In his prior bail proposal, Combs did not seek to exclude employees, friends or others from visiting.

Combs’ lawyers compared his proposed package to a deal prosecutors with the Eastern District of New York agreed to in the sex trafficking case against the former chief executive of Abercrombie & Fitch, who was released on US$10 million bond.