Diddy’s Legal Team Fights On: Defense Attorney Seeks Acquittal or Retrial in Mann Act Conviction, Calls Verdict a “Great Victory”

Lead Defense Lawyer Marc Agnifilo Speaks Exclusively on Pushing Back Against “Exceptional” Application of Law, Diddy’s Jail Time Reflections, and Surprising Dismissal of Lead Prosecutor.

Gurugram, Haryana, India: The gavel has fallen, the verdict is in, but for Sean “Diddy” Combs, the legal battle is far from over. Despite being found guilty of transportation to engage in prostitution – a significant conviction under the Mann Act – but thankfully acquitted of the far more severe sex trafficking and racketeering charges, his lead defense attorney, Marc Agnifilo, quickly declared it “a great victory.” In many ways, he’s right: Combs dodged a potential life sentence, now facing what’s expected to be a four to five-year prison term.

But Agnifilo isn’t resting on that limited win. Less than a month after Combs was denied bail ahead of his October 3 sentencing, Agnifilo and his team filed a hefty 62-page motion. Their goal? To seek an acquittal or a retrial for those two guilty counts of transporting prostitutes. Their core argument hinges on the Mann Act’s historical application, traditionally used against pimps or in cases involving minors. In the defense’s view, Combs was merely hiring consenting male escorts for what Agnifilo describes as “amateur porn,” not running a prostitution business.

Trial evidence had painted a darker picture, however, indicating a two-decade pattern where Combs allegedly paid male entertainers for “freak-offs” – days-long, drug-fueled hotel parties where he would reportedly watch and videotape escorts having sex with his girlfriends. Accusers, notably Combs’ ex Casandra “Cassie” Ventura, alleged these encounters weren’t always consensual, sometimes coerced through violence, blackmail threats, or drugs.

“Sean Combs has basically been convicted for using the services of a sex worker, and that’s just not really prosecuted anymore,” Agnifilo tells Variety, clearly frustrated by the verdict. “The Mann Act is not supposed to be applied to the user of prostitution services. … It’s supposed to be used for people who make money from the business of prostitution.”

Putting it in simpler terms, Agnifilo argues the law is being “unfairly applied to a ‘john,’ and not the ‘pimp.'” This, he believes, places Combs in “exceptional” circumstances that should warrant his release from jail. The judge who presided over Combs’ trial has yet to issue a decision on this motion.

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The Strategy Behind the Motion: Diving Deep into Legal Precedent

When asked why these arguments might be received differently now, Agnifilo revealed the behind-the-scenes legal strategizing. “On July 2, we got the verdict in the morning, and I made an application on the spot,” he recounted. He argued that Combs’ acquittal on the sex trafficking and racketeering charges represented a “massive change in circumstances” warranting bail. The judge, however, wanted a more thorough briefing. “We submitted a brief, but we didn’t have the chance to read 300 Mann Act cases between the time of the verdict and the [bail decision] later that day,” Agnifilo explained.

At the time of the bail hearing, the defense focused on Combs’ “exceptional” family circumstances, citing his seven children – an argument the judge dismissed as not being “exceptional” enough. “What I said on the spot was, ‘We can’t read all the Mann Act cases over a few hours.’ And I told the judge, ‘We’re going to come back to you,'” Agnifilo affirmed. Now, with weeks to delve into “hundreds of Mann Act cases over several decades,” their latest motion is armed with extensive new research that simply couldn’t be done during the fast-paced trial, which focuses on guilt or innocence, not historical legal application.

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Judge’s Bail Decision and Diddy’s Past: A Difficult Discussion

The judge’s decision to deny bail was largely influenced by Diddy’s history of domestic violence, which the defense had openly admitted to throughout the trial. When asked about the judge quoting his own words against him to justify the decision, Agnifilo candidly responded, “I know why he did it. He wanted to take any dispute out of it.”

He reiterated the defense’s consistent stance: “Our whole point, ever since the opening, is that [the violence] is just part of the facts in the case. We’re going to admit that.” However, Agnifilo believes this history shouldn’t keep Combs incarcerated now because most of it – “with one exception” – dates back to 2018 or earlier. He specifically addressed the June 2024 incident with a pseudonymous accuser known as “Jane.” Jane, Combs’ girlfriend from 2021 until his arrest in September 2024, testified that she provoked the incident by accusing Combs of infidelity and shoving his head into a marble counter. She then began throwing candles and glass before locking herself in a bedroom. Combs allegedly kicked down doors, put her in a chokehold, and later punched, kicked, and dragged her by the hair, subsequently calling a male escort for a “freak-off.” Prosecutors, in closing arguments, cited this as “the most clear-cut example of sex trafficking in this case.”

Agnifilo emphasized that “Jane knew that he was trying to get help. He got into a domestic violence program. He was attending classes. I spoke to his counselor, and I think he was doing well. And then the government arrested him. Obviously, they couldn’t do the program in jail.” He expressed hope for Combs to “get back out and starts to finish the hard work he started.” Throughout the trial, the defense conceded Combs’ history of violence but argued it was mutual and unrelated to sex or “freak-offs,” thus not indicative of coercion or sex trafficking.

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A Fair Trial and Life Behind Bars: Diddy’s State of Mind

Did Diddy receive a fair trial? Agnifilo’s answer is a resounding “Yes.” He praised Judge Subramanian as “a very fair judge” who “worked remarkably hard to give us as fair a trial as possible.” While acknowledging that “no trial is perfect,” he lauded the judge for being “thoughtful, being careful, giving a lot of time to the parties.”

As for Diddy’s well-being in jail, Agnifilo communicates with him daily and was about to visit him right after the interview. “He misses his kids,” Agnifilo shared, revealing a more introspective side of the music mogul. Combs has been incarcerated for nearly 11 months, a period Agnifilo says has given him “the ability to reflect and consider his life and look at all the blessings he’s been given: his seven children, the fact that he’s still close with the mothers of his children, the life he’s been given.”

Combs’ self-assessment, according to his lawyer, is profound: “‘Have I lived up to the blessings I’ve been given?’ And I think his conclusion is: ‘Not in every aspect of my life have I lived up to those blessings.'” His primary goal upon release? To “start small,” focus on his children, and “get reacquainted with his own life.”

Agnifilo highlighted the severe conditions at MDC (Metropolitan Detention Center) in Brooklyn, where Combs is held, particularly the lack of outdoor access. “He hasn’t been outside since September. He hasn’t had sun on his skin. It’s sort of like sensory deprivation,” he described. “The light’s always the same, it’s artificial light, there’s no breeze, there’s no wind, there’s very little change in temperature.” The desire to be reunited with his family is palpable.

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Music, Purpose, and a Glimpse of the Future

When asked about a return to music, Agnifilo suggested such plans are “way down the road.” Instead, he sees this as a profound opportunity for Combs. “He’s a man who made something out of nothing once, when he was a much younger man. And this situation gives him the chance to make something special out of his life.” Combs’ own words resonate: “I have more to give.” Agnifilo believes Combs views life “as a gift he’s been given, and he wants to live it to the fullest. The work that he didn’t do in his early 20s, I think he’s going to do it now.” In moments, Agnifilo says, Combs even sees these consequences as “a blessing,” a chance “to be a complete person and to work on the things that are lacking in me.” Agnifilo’s personal goal is to “get him out of jail and help him do that,” hoping for a continued positive influence on Combs’ life.

As for socializing with other inmates, Agnifilo noted, “Socializing is a funny thing. I think he spends a lot of time thinking.” He emphasized that jail often forces introspection. During the trial, Combs was a highly engaged “teammate,” working “20 hours a day every day” on his defense. Now, with less direct case emphasis, he’s focusing on himself, particularly through writing. “He writes essays, some of which I think are beautiful and poignant and thoughtful,” Agnifilo shared. Combs is actively trying to make his time productive, even attempting to start programs for inmates, given the almost complete lack of such initiatives at MDC.

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Pardon Hopes and Prosecutor’s Shock Dismissal

Regarding the possibility of a pardon from Donald Trump, Agnifilo maintained strict distance. “I am not involved in that in the least. I have literally no idea,” he stated, dismissing it as potentially “rumor mill stuff.” Seeking a pardon, he confirmed, is “not an official part of this legal strategy.” His focus remains “very focused on the case alone — the merit of the case and what happened in the courtroom.”

A surprising development occurred two weeks after the Diddy verdict: lead prosecutor Maurene Comey was fired by the Justice Department without explanation. Agnifilo expressed sadness, calling her “a very good lawyer” with whom he shared mutual respect despite their adversarial roles. He knows her father, James Comey, well. He finds it “very unfortunate” that she may not be able to continue her career as a prosecutor due to reasons he believes “have nothing to do with her.” When asked if her dismissal was linked to the Diddy case, Agnifilo responded, “I don’t. Listen, I have no idea, but I don’t think so.” He generally had a good working relationship with the prosecution team, emphasizing that “the system works better if the lawyers respect each other.”

Finally, addressing the recent stir caused by Diddy’s X (formerly Twitter) account posting and quickly deleting an “eyes emoji,” Agnifilo was genuinely unaware. “Honestly, this is the first I’m hearing of it. I don’t know. He doesn’t have access to social media, I don’t think.”

He also reflected on the “circus” atmosphere outside the courthouse during the trial, noting a shift in the crowd’s sentiment. “Toward the end, they were very supportive of the defense. Sometimes they’d clap when I got to court, and no one has clapped for me arriving anywhere since July 2,” he quipped, a touch of humor amidst the gravity of the situation.