Sean "Diddy" Combs' legal team is seeking to dismiss a federal charge against the music mogul, arguing that the prosecution is rooted in racial bias and based on a law with a history of targeting Black men. In a court filing submitted Tuesday, attorneys for Combs asked a judge to throw out the transportation to engage in prostitution charge, contending that "no white person has ever been the target of a remotely similar prosecution."
Combs, 54, is currently incarcerated in New York City as he faces three federal charges, including racketeering conspiracy and sex trafficking. He has pleaded not guilty. The latest motion challenges one of the allegations under the Mann Act, a law enacted in 1910 to prohibit the transport of individuals across state lines for the purpose of prostitution or other immoral activities.
"This case is unprecedented in many ways, but perhaps most notably, and most disturbingly, no White person has ever been the target of a remotely similar prosecution," Combs' defense attorneys wrote in the filing. "Mr. Combs has been singled out because he is a powerful Black man, and he is being prosecuted for conduct that regularly goes unpunished."
The Mann Act, originally named the White-Slave Traffic Act, has been invoked in high-profile cases, including the conviction of Ghislaine Maxwell in 2021 for transporting minors for criminal sexual activity. However, Combs' attorneys argue that the statute has a long history of racially discriminatory enforcement, citing cases where it was used to target Black men, including boxer Jack Johnson and musician Chuck Berry.
"The charge of transporting escorts across state lines for purposes of prostitution is based on a law with a long and troubling history," the filing states. "What was racist in its inception has often been racist in its operation."
Federal prosecutors have not commented on the filing. In previous hearings, they have rejected accusations that the case against Combs is racially motivated. During an October court session, prosecutors raised concerns over statements by Marc Agnifilo, one of Combs' attorneys, who told TMZ that the case was "a takedown of a successful Black man." A prosecutor countered that such claims posed a "serious risk" to a fair trial.
Combs' legal team further contends that the escort services cited in the indictment were legal businesses, noting that one was even featured in a "long-running TV series." They argue that hiring male or female escorts is a common and widely accepted practice that has never before led to a Mann Act prosecution.
Combs was arrested in September following an indictment that alleges he operated a criminal enterprise, using his business empire to engage in kidnapping, arson, physical violence, sex trafficking, and forced labor. A revised indictment filed in January detailed additional allegations, including the involvement of three unnamed female victims in the transportation for prostitution charge.
During his arraignment on September 17, Combs pleaded not guilty to all charges. His legal team's request for release on a $50 million bond was denied, and he has since remained in Brooklyn's Metropolitan Detention Center, housed in a Special Housing Unit under increased restrictions.
Combs also faces numerous civil lawsuits, including a February 13 lawsuit from an unnamed woman alleging that he subjected her to four hours of unwanted groping in 1999. His legal team has not commented on the civil cases.
If the judge grants the motion to dismiss the Mann Act charge, Combs would still face racketeering and sex trafficking charges, which carry significant federal penalties.
