On Tuesday night, Sean “Diddy” Combs’ legal team submitted a bail appeal, referencing Jeffrey Epstein, Ghislaine Maxwell, and NXIVM leader Keith Raniere as examples of sex offenders whose bail denials were well-justified, contrasting them with Combs’ situation.
Combs has been held in a Brooklyn jail since his September 16 arrest on federal sex-trafficking charges, and his lawyers have argued that he should be allowed to await trial under home detention with a $50 million bond.
In their motion, Combs has proposed to undergo weekly drug testing, limit visitors to family and friends not involved in his case, and refrain from using phones or the internet. The 31-page motion for pretrial release was filed with the U.S. Court of Appeals for the Second Circuit in Manhattan. It contends that judges provided detailed reasons for denying bail in the cases of Epstein, Maxwell, and Raniere, as required by federal law, but no such justification has been given for Combs’ detention.
Combs’ attorneys claim the district court made a “legal error” by not providing factual findings or evaluating the necessary factors for bail. They pointed out that the detention orders in the cases of Epstein, Maxwell, and Raniere included comprehensive factual findings and careful consideration of the relevant factors.
The appeal cites a past Second Circuit case that overturned a similar flawed detention order. Combs, who has pleaded not guilty, has previously challenged the DOJ’s case, arguing that the conduct involved was consensual and that the main witness lacks credibility.
The appellate filing reinforces these arguments, describing the DOJ’s trafficking allegations as involving consensual sexual activities among adults, which the government characterized as “freak offs”—elaborate sex performances that Combs allegedly orchestrated and recorded.
Combs’ lawyers also argue that the case relies too heavily on a widely circulated video from March 5, 2016, showing him involved in a domestic violence incident with former girlfriend Cassie Ventura.
Combs apologized when the footage was released but has since shifted to an attack-the-accuser strategy. His lawyers describe their past relationship as a long-term loving one that became strained due to mutual infidelity and jealousy.
The appeal highlights Combs as a 54-year-old father of seven, a successful artist and businessman, and a well-known public figure. It assures the court that he will not flee, obstruct justice, or intimidate witnesses, addressing the major concerns of prosecutors. The filing notes that he traveled to New York to surrender upon learning of the indictment and took significant steps to demonstrate his intent to contest the charges, including moving from Miami to a New York hotel to facilitate his surrender and listing his private plane for sale.
Prosecutors will respond to Combs’ appeal before a ruling is made. He is scheduled to appear in court again on Thursday for a status conference with U.S. District Court Judge Arun Subramanian, who has indicated he will not hear additional bail requests.
