The day Sean “Diddy” Combs was convicted of transport to conduct prostitution – but acquitted for sex trafficking and accusations – his leading defense lawyer Marc Agnifilo explained that the verdict was “a great victory” for the unreasonable music mogul. In many ways it was. Combs avoided serious accusations It could have put him behind bars for life. Instead, he faces a penalty that will unlikely exceed four to five years in prison.
But Agnifilo’s work is not done. Almost a month after Combs was denied the bail before his criminal justice October 3, he and a handful of Comb’s other lawyers left a 62-page movement that sought an acquittal or a retrial in relation to the two guilty charges of transport of prostitutes according to Mann Act, a statute that was also used to judge Ghislaine Maxwell and R. Kelly. Comb’s lawyers claimed that Mann ACT has historically been applied to Hallik or sexual crimes involving minors, while Combs, in the defense’s opinion, simply employ consent male escorts to make “amateur porn”, which does not run a prostitution business.
Testing certificate indicated that Combs paid male entertainers for two decades to get involved in “freak-offs”, days long, drug-powered hotel parties where Combs would watch and videotapes because escorts had sex with their girlfriends. Prosecutor, including Comb’s ex Casandra “Cassie” Ventura, claimed that these meetings were not always consensus and were sometimes forced through violent agents, threats of blackmail or drugs.
“Sean Combs has in principle been convicted of using a sex worker, and it is not really prosecuted,” says Agnifilo Amount. “The man law is not intended to be applied to the user of prostitution services … It should be used for people who make money from the prostitution’s activities.”
Agnifilo, who puts it on the layman’s conditions, adds that the law is unfairly applied to “a John and not the Halliken.” Thus, the defense believes that Combs was put under “exceptional” circumstances that guarantee his release from prison. The judge who prescribed Comb’s trial has not yet made a decision.
The proposal you submitted this week presents many of the same arguments as you made during the trial. Why do you think they could be received differently now?
On July 2 we got the verdict in the morning, And I made an application on site. I said that there has been a huge change in the circumstances, now that he has been acquitted of allegations of sex trafficking and accusations. The judge said, “I will not do this on the spot, I want a briefing.” So we sent in a short one, but we didn’t have the chance to read 300 MAN ACT case between the judgment of the time and (the credit decision) later that day. So we said that what was “exceptional” was his family relationships – he has seven children. The judge said it is not exceptional. What I said at the site was: “We can’t read all the MAN ACT case for a few hours.” And I told the judge, “We’ll get back to you.” We have now had time to review hundreds of Mann ACT case for several decades, and our letter that we submitted this week is based on all this work, which had not been done during the trial because there is just no reason to do so. The trial is about guilt or innocence, not about how you act historically.
The judge largely denied the bail because of Diddy’s history of home violence, which the defense admitted throughout the trial. What did you do by the judge who quoted you about his violence and used the defense’s own words against you to justify his decision?
I know why he did it. He wanted to take some dispute from it. Our entire point, ever since the opening, is that (the violence) is only part of the facts in the case. We will admit it. But the reason I don’t think it should be used to keep him in prison is all this home violence – with one exception – is from 2018 and earlier. It is not a new vintage. One incident from June 2024, the woman called “Jane” testified about it, and she was very clear. Jane provoked it. Jane knew he was trying to get help. He entered a violence program. He participated in lessons. I talked to his adviser and think he was doing well. And then the government arrested him. Obviously, they could not make the program in prison. We hope he comes back and starts finishing the hard work he began.
(The editor’s note: the pseudonym charger “Jane”, Combs’ girlfriend from 2021 until his arrest in September 2024, testified about a violence event that took place under their relationship. A few months before his arrest, Jane accused Combs of infidelity and allegedly fired in a marble. chokehold and hit later, kicked and pulled her in the hair.
Do you feel that Diddy got a fair trial?
Yes. I think referee Subramanian is a very fair judge, and he worked remarkably hard to give us as fair trial as possible. This trial was not perfect, because no one is. But the referee did an outstanding job of being thought -provoking, being careful, giving a lot of time to the parties. I can’t say good enough things about our judge. He is an amazing person. And even though no trial is perfect, just like no lawyer is perfect, I thought this one was pretty close.
How is Diddy doing in jail? Do you talk to him every day?
Every day. I’ll meet him now, as soon as I hang out with you. He misses his children. He has learned a lot. His time in prison – almost 11 months now – has given him the ability to reflect and consider his life and look at all the blessings he has received: his seven children, the fact that he is still close with the mothers of his children, the life he has received. His opinion is: “Have I lived up to the blessings I have received?” And I think his conclusion is: “Not in all aspects of my life have I lived up to these blessings.” What he wants to do when he comes out is to start small. He wants to spend time with his children and be recovered with his own life.
One of the horrible things with the MDC (Metropolitan Detection Center, where Combs is held in Brooklyn) does not go outside ever. He has not been out since September. He has not had sun on the skin. It is in the same way as sensory deprivation. The light is always the same, it is artificial light, there is no breeze, there is no wind, there is very little change in temperature. So he wants to come out and be with his family.
Does he plan to work with music again?
I think these things are far down. He is a man who did something of nothing once, when he was a much younger man. And this situation gives him the chance to do something special from his life. One of the things he tells me – and this is his exact phrase – is: “I have more to give.” I don’t think he looks selfish at life. He sees life as a gift he has received, and he wants to live it fully. The work he did not do in the early 20th century, I think he will do it now. Sometimes – not all the time – he looks at (these consequences) as a blessing. As this gives me a chance to be a complete person and work on the things missing in me. My goal is to get him out of jail and help him do it. I hope we are in each other’s lives forever and that I can have a positive influence for him.
Does he spend time with the other prisoners?
Hanging out is a fun thing. I think he spends a lot of time thinking. So many say, “The worst thing I could do is spend too much time with myself.” That’s what prison is. It is difficult, and sometimes it is necessary. We spent a huge time preparing his defense. He is a remarkably smart man and was a valuable teammate in his own defense. So we worked on his fall for 20 hours a day every day, and he was in the middle of it. Now he does not have much emphasis on the case, so he has spent time on himself. He has written a lot. He writes essays, of which I think are beautiful and gripping and thought provoking. He tries to cope with time productively. He tries to start programs for the prisoners in prison. Unlike other prison facilities, there are almost no programs at MDC. So these men and women only have time on their hands.
How likely is a pardon from Donald Trump? Have you been to communication with the administration?
I am not involved in it in the least. I literally have no idea. There are times that I think there is nothing about it, and there are times that I think it is just the rumor. But I do not consider to know the president’s mind. I really don’t know.
So seeking a pardon is not an official part of this legal strategy.
No. My ending to the business is very focused on the case alone – the merits of the matter and what happened in the courtroom. I do nothing else.
Two weeks after the Diddy judgment was leading prosecutor Maurete Comey Fired by the Ministry of Justice Without explanation. How did you react to it and have you talked to her?
I haven’t talked to her. It made me sad. I like Maurene. I think Maurene is a very good lawyer. She was obviously my opponent in the case, but we had a lot of respect for each other. We were happy to have met each other. I knew her father (James Comey) very well. It was sad because she wants to be a career prosecutor, and the fact that she will not be allowed to do it because of things that I think has nothing to do with her … It is very unfortunate.
Do you think her dismissal was related to Diddy case?
I don’t. Listen, I have no idea, but I don’t think so.
How was your relationship with prosecutors in general?
It’s fun, we actually went really well with them. When it was a downtime we would hang out and talk. It was not one of these opposite situations. I don’t tend to do it, maybe because I was a prosecutor for a long time. The system works better if the lawyers respect each other. And we really respected each other here. I’m sorry to see Maurete go. She is a good lawyer and she represented her client, USA, yes. Not just in this case, but in other cases.
Last week, Diddy’s X published and then quickly erased his eyes Emoji, which of course led to headlines. Does he have access to social media from prison, or do you know who publishes for him?
This is the first thing I belong to this. Eyes? Like your eyes?
Only emoji of two eye yellows, yes.
Honestly, this is the first thing I hear about it. I don’t know. He does not have access to social media, I do not think.
I wrote far about Circus surrounding the court under Diddy trial. What did you do by Hubbub?
What was interesting about it, for me is how the audience outside the court changed when the trial went. Towards the end, they were a lot of support for the defense. Sometimes they would pat when I came to court, and no one has patted me who arrives anywhere since July 2. So I don’t know if I miss it, but I notice that it is not happening anymore.
This interview has been edited and condensed.