In a significant development in the federal racketeering and sex trafficking case against Sean "Diddy" Combs, a Manhattan federal judge has denied the rapper's request for a gag order against government agencies. The decision comes amid allegations from Combs' legal team that federal agents have been leaking confidential information to the media, potentially jeopardizing his right to a fair trial.
Judge Arun Subramanian issued an order late Friday emphasizing that both the prosecution and defense must adhere to existing laws that prohibit the disclosure of grand jury proceedings and non-public information. "Those remarks, if made by an agent involved in the investigation or prosecution of this case, are plainly improper," Subramanian wrote in reference to alleged leaks.
"To be clear, this order isn't based on a finding that there has been any wrongdoing thus far, as the Court has made no findings at this juncture relating to defendant's allegations that information related to the case has been leaked," he added. "The point of this order is to help ensure that nothing happens from now on that would interfere with a fair trial."
The judge's order requires the government to notify all agencies involved in the case of their obligations under Federal Rule of Criminal Procedure 6(e) and the local court rules. "The Court will take appropriate action for any violation of the rules," Subramanian warned.
Earlier this month, Combs' attorneys filed a motion requesting an order to prevent federal employees from disclosing evidence to the media. They argued that such leaks are "undermining Mr. Combs' right to a fair trial." The defense and prosecution attempted to agree on the language of a joint order but ultimately submitted individual proposals, neither of which the judge adopted.
The issue gained urgency after a New York Post article quoted a federal law enforcement source involved in the investigation, who allegedly made derogatory comments about Combs' alleged "Freak Off" parties. Combs' legal team cited this article in a letter to the judge, expressing concern over the potential impact on public opinion and the jury pool.
"Those remarks, if made by an agent involved in the investigation or prosecution of this case, are plainly improper," Judge Subramanian reiterated in his order.
Combs, 54, was arrested on September 16 at a Manhattan hotel and charged with sex trafficking, racketeering, and transportation to engage in prostitution. Prosecutors allege that he orchestrated an elaborate scheme using his wealth and influence in the entertainment industry to "fulfill his sexual desires" in a "recurrent and widely known" pattern of abuse.
The hip-hop mogul has pleaded not guilty to all charges and is currently detained at Brooklyn's Metropolitan Detention Center. His attempts to secure release on bail, including an offer of a $50 million bond, have been denied. An appeal seeking to overturn the September 18 decision to keep him incarcerated is pending.
Combs' attorneys have also requested an evidentiary hearing to investigate alleged government misconduct related to leaks of confidential information, including a 2016 surveillance video. The footage, released by CNN in May, shows Combs kicking, hitting, and dragging his ex-girlfriend Cassie Ventura near a hotel elevator. Combs apologized for his "inexcusable" behavior in a video statement, with his lawyers attributing the incident to a toxic relationship rather than criminal conduct.
The defense argues that the government has been "strategically leaking confidential grand jury material and information" since March to prejudice potential jurors against Combs. "This has raised public hostility against Mr. Combs in advance of trial," they wrote in a letter filed earlier this month.
When reached for comment, an attorney for Combs declined to provide a statement. A spokesperson for the U.S. Attorney's Office for the Southern District of New York also declined to comment.
Judge Subramanian emphasized that his order aims to preserve the integrity of the judicial process. "The point of this order is to help ensure that nothing happens from now on that would interfere with a fair trial," he wrote.
As the case moves forward, the court's handling of alleged leaks and media coverage will be closely watched. The trial is scheduled to begin on May 5, and both sides are expected to engage in rigorous legal battles over the admissibility of evidence and the conduct of law enforcement officials.
Combs has consistently denied any wrongdoing, maintaining his innocence against both the federal charges and multiple civil lawsuits filed against him over the past year. The outcome of the upcoming trial could have significant implications for his career and legacy in the entertainment industry.
