Attorneys for music mogul Sean “Diddy” Combs have filed a formal motion asking a federal court to overturn his conviction under the Mann Act or, alternatively, grant a new trial, arguing the charges were based on legally flawed interpretations and constitutionally protected conduct.
The 62-page motion, filed late Wednesday in the U.S. District Court for the Southern District of New York, comes less than a month after Combs was convicted on July 2 on two counts of transportation to engage in prostitution under the century-old federal statute.
Combs’ legal team asserts that the jury verdict was unsupported by the evidence presented at trial and that applying the Mann Act in this case “broadly and improperly” criminalized personal lifestyle choices.
“There was insufficient evidence that Mr. Combs transported anyone with the intent to engage in ‘prostitution,’ even if it includes any sex for money,” the defense stated in the filing, emphasizing the phrase “any.”
Defense Challenges Legal Interpretation and Evidence Admitted
The Mann Act, passed in 1910 and amended over time, criminalizes the transportation of individuals across state lines for the purpose of engaging in illegal sexual activity, including prostitution. Combs’ lawyers argue that his “lack of commercial motive” and the consensual nature of the conduct should have excluded the case from the law’s scope.
They further claim that Combs did not intend for paid escorts to have sex with him, which they say is a necessary element for conviction under the Mann Act.
In a more sweeping argument, Combs’ attorneys contend that the First Amendment was violated, citing that “paying people to film them in sexual performances” constitutes protected expressive activity.
The motion also points to what the defense calls “spillover prejudice” from inflammatory evidence introduced to support the more serious charges of sex trafficking and racketeering conspiracy, on which Combs was acquitted. According to the filing, that evidence would have been inadmissible had the Mann Act charges been tried separately.
Acquitted on More Serious Charges
The jury acquitted Combs of two counts of sex trafficking and one count of racketeering conspiracy, the most serious allegations lodged against him. Despite this, the court declined to grant him bail following conviction on the Mann Act counts.
During the six-week trial, prosecutors introduced testimony from witnesses, including former girlfriends Cassie Ventura and another woman referred to as “Jane,” who described being involved in drug-fueled sexual encounters with male escorts at Combs’ direction. Combs allegedly watched and recorded the events—known in testimony as “freak-offs”—but did not physically participate, and no evidence showed he did.
Bail Denied, But Defense Renews Request
Combs’ defense also renewed their request for bail in a separate filing this week, proposing a \$50 million bond and home confinement at his Miami residence. The motion emphasized that Combs poses no danger or flight risk and that his prosecution was unprecedented.
“There has literally never been a case, like this one, where a person and his girlfriend arranged for adult men to have consensual sexual relations with the adult, long-term girlfriend as part of a demonstrated swingers lifestyle, and has been prosecuted and incarcerated under the Mann Act,” the bail petition stated.
Judge Arun Subramanian, who presided over the trial, previously denied bail on the day of conviction, citing statutory guidelines under the transportation to engage in prostitution offense that presume detention pending sentencing.
Combs is currently being held in federal custody while awaiting sentencing on October 3.
