Diddy borrows from Trump 'free speech' playbook, but prosecutors aren't having it

Hip-hop mogul Sean “Diddy” Combs is making a free speech claim drawn directly from a case involving President-elect Donald Trump.

Combs’s lawyers are arguing his latest attempt to secure bail, saying free speech covers what prosecutors say have been attempts to influence his May sex trafficking trial. To do this, they cited United States v Trump:

In United States v. Trump, the D.C. Circuit “assume[d] without deciding that the most demanding scrutiny applies to” pre-trial speech restrictions on criminal defendants, “and that only a significant and imminent threat to the administration of criminal justice will support restricting [a defendant’s] speech.”

Diddy’s legal team claims the same standard that applies to Trump also applies to the music mogul, who should be allowed to defend himself in the public sphere.

“For months and months, government agents, plaintiffs’ attorneys, and others with questionable motives have been polluting the airwaves with false and outrageous claims about Mr. Combs. This nonstop drumbeat of negative publicity has destroyed his reputation and will make it virtually impossible for him to receive a fair trial. Mr. Combs is not required to sit idly by and acquiesce to all of this. He has a right to a fair trial and a constitutional right to speak out on his own behalf. The government’s arguments that asking his children to post birthday wishes on Instagram and that he is not entitled to publicly express his opinion that this prosecution is racially motivated are, quite simply, an unconstitutional effort to silence him,” the filing reads.

Prosecutors disagree that Combs’ recent actions are covered by the First Amendment. They claim that the defendant told a contact “I just need one,” referring to a juror for his upcoming case.

“Those same First Amendment interests are not at stake here,” they argued of the Trump comparison, pointing out that at the time Trump’s teams made those claims, he was running as a political candidate.

New York District Judge Arun Subramanian will likely rule on Diddy’s third attempt at bail sometime this week.

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