Sean “Diddy” Combs’ attorneys have accused federal prosecutors of misconduct after sensitive materials, including handwritten notes, were allegedly seized from his jail cell at the Metropolitan Detention Center (MDC) in Brooklyn.
The materials, which reportedly included attorney-client privileged information, were cited in a recent filing opposing the music mogul’s latest bail request.
In a letter to U.S. District Judge Arun Subramanian on Monday, Combs’ legal team demanded an immediate evidentiary hearing, describing the seizure as “outrageous government conduct.” Defense attorney Marc Agnifilo argued that the confiscation violated Combs’ constitutional rights and constituted a “substantive due process violation.”
“The targeted seizure of a pre-trial detainee’s work product and privileged materials — created in preparation for trial — is outrageous government conduct,” Agnifilo wrote.
The materials were allegedly taken during what prosecutors described as a “pre-planned nationwide sweep of BOP facilities” by the Federal Bureau of Prisons. Prosecutors assured the court that any potentially privileged items were reviewed by an independent “filter team” before being shared with trial prosecutors.
However, Combs’ lawyers countered that the filter team failed to safeguard privileged material. “The prosecutors are currently in possession of privileged material and are actively using this material to detain the defendant,” they stated.
Prosecutors referenced the seized notes in a 30-page memorandum opposing Combs’ fourth bail request, claiming the notes included evidence of attempts to obstruct justice, such as contacting witnesses to publicly support him. Details of the notes were redacted in the filing, but prosecutors alleged that Combs used the telephone accounts of other inmates to circumvent monitoring rules and communicate with individuals not on his approved contact list.
Prosecutors further accused Combs of using these communications to orchestrate social media campaigns aimed at “tainting the jury pool.” They claimed that these actions demonstrated why Combs posed a “serious risk of obstruction, danger, and flight.”
Combs’ legal team denied the allegations and argued that his detention hinders trial preparation, citing limited access to legal counsel and evidence.
Since his September arrest, Combs has been held in the special housing unit of the MDC. He faces charges of racketeering, sex trafficking, and related offenses, stemming from allegations of a decadeslong pattern of physical and sexual violence. Combs has pleaded not guilty, asserting that all sexual contact was consensual and accusing his accusers of financial motives.
To secure bail, Combs offered a $50 million bond, collateralized by his Miami mansion and other properties, along with 24/7 monitoring, internet restrictions, and full home detention. However, prosecutors repeatedly argued that he remains a flight risk and a danger to the community.
A status conference is scheduled for Tuesday, with Combs’ legal team continuing to push for a hearing on the alleged seizure of privileged materials. The trial is set to begin in May 2025.
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