NEW YORK (AP) — Legal representatives for music industry executive Sean ‘Diddy’ Combs will present arguments Thursday morning to federal appeals judges, contending the entertainment mogul received unjust treatment during proceedings that resulted in his imprisonment on prostitution-related charges, while invoking First Amendment protections for his release.
The hip-hop entrepreneur, who remains incarcerated at a federal facility in New Jersey, will not attend Thursday’s hearing where three appellate judges will consider his challenge to both his conviction and prison term exceeding four years.
Defense counsel maintains Combs’ guilty verdict warrants reversal, or alternatively, that he deserves freedom with a reduced sentence.
Government attorneys are fighting against these appeals.
In legal briefs, Combs’ defense team reiterated previous arguments made during trial proceedings, contending that recordings Combs made of intimate encounters between his romantic partners and male escort workers constituted ‘amateur pornography’ deserving First Amendment protection. The legal team argues courts should interpret ‘prostitution’ more restrictively to exclude what they characterize as voyeuristic and expressive conduct.
Defense attorneys additionally contend Combs received excessive punishment, claiming the presiding judge improperly considered factors including fraud, coercion, and leadership roles in criminal enterprises when determining sentencing. Combs was cleared of sex trafficking and racketeering accusations that could have resulted in life imprisonment.
His conviction came under federal Mann Act provisions, which prohibit transporting individuals across state boundaries for sexual offenses.
Government prosecutors stated in legal documents that Combs’ video recordings do not transform his situation into a free speech matter.
They argued that accepting Combs’ position that ‘creative,’ ‘elaborate’ and ‘highly staged’ sexual activities deserve First Amendment protection would mean ‘brothels offering elaborate and staged scenes for individuals to have sex with women for payment could claim First Amendment protection.’
Prosecutors maintain the imposed sentence was appropriate.
Last year’s trial proceedings revealed disturbing details about the private conduct of a major music industry figure. The case included disturbing witness accounts describing violence, drug use, and sexual performances that participants testified he labeled ‘freak-offs’ or ‘hotel nights.’
Combs chose not to take the witness stand. His legal team conceded he exhibited violent behavior while arguing prosecutors were overreaching to criminalize his private conduct under federal law.
The 56-year-old has remained in custody since authorities arrested him in September 2024. Federal Bureau of Prisons records indicate his scheduled release date is April 2028.
