Diddy's proposal to crack down on 'leaks' has been revealed

Sean P. Diddy Combs at the 2017 Costume Institute Benefit Gala celebrating the opening of the exhibition Rei Kawakubo/Comme des Garcons: Art Of The In-Between, held at the Metropolitan Museum of Art in New York City on May 1, 2017 (zz/ ESBP/STAR MAX/IPx).

After Sean “Diddy” Combs convinced a federal judge that “a silence order is appropriate,” as the defense put it, the high-profile RICO and sex trafficking defendant's lawyers and federal prosecutors are arguing over how far an order should go and to whom it can and should apply.

In recent days, Combs called on U.S. District Judge Arun Subramanian to stop “out-of-court statements by potential witnesses and their attorneys” and protect the defendant's right to a fair trial, amid an avalanche of civil lawsuits that Combs calls “opportunistic.” . At the same time, the defense claimed that there had been “unauthorized and prejudicial disclosures of grand jury information.”

For example, defense attorney Marc Agnifilo claimed two weeks ago that the Department of Homeland Security (DHS) was “most likely” the “source” that gave CNN a 2016 video of him ex-girlfriend Cassie Ventura at the Intercontinental Hotel mistreated Los Angeles.

While prosecutors quickly denied the claim, the defense even went so far as to speculate that the “leak” to CNN was timed to May 17. Former President Donald Trump's hush money trial in Manhattan was paused that day as he attended his son Barron Trump's wedding and graduation – making it “a slow news day” and a “perfect time” for the release of the abuse video and “mortally damaging the reputation and prospects of Sean Combs successfully defending himself against these allegations.”

In recent days, the defense and prosecution have put forward their own proposals for a silence order and provided separate explanations of the wording proposed therein.

Combs' suggested gag arrangement

Silence order proposed by the public prosecutor

The differences between the two points of view

Combs' lawyers told the judge that “regrettably,” despite an “extensive back and forth since” Oct. 10, the defense and prosecution were unable to agree on the proposed language, but added that the two sides are not that far apart as distant as they could be. The defense urged Subramanian to act quickly as the government's “agents” allegedly haven't stopped leaking (citing a recent Deadline article that quoted a “law enforcement source with knowledge of the case” as an example). , and a CNN report from May – older). the charge for months – was another).

“At this point, the court’s intervention is critical as agents involved in the investigation have continued their leaks and damaging and false information to the press following the October 10 status conference, which only reinforces the need for a gag order.” “The order will be issued as soon as possible,” the defense said, noting that “the fundamental disagreement between the parties stems from the government's continued opposition to language that ensures the order covers all agents who may come into contact with grand jury materials.” other confidential information related to the investigation and prosecution of this case.”

“The government wanted the order to apply only to agents assigned to the investigation, and not to agents who obtain confidential information about the investigation, and objected to the specific reference to the Department of Homeland Security,” Combs' attorneys continued continued. “These objections would defeat the purpose of the order. Whether or not an agent is officially “assigned” to the investigation should not matter.”

In response, prosecutors clarified that the ongoing disagreement primarily boils down to “the definition of government” and who can be prevented from leaking in law enforcement.

“Accordingly, the only remaining disagreement between the parties is the wording as to who would be bound by the order. “The government's proposed order reflects the reality that the government has two separate obligations: maintaining the secrecy of grand jury materials pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure and complying with the guidelines set forth in Local Rules of Criminal Procedure 23.1,” said Prosecutors with the U.S. Attorney's Office for the Southern District of New York. “The parties agree that the prosecutors assigned to the matter and the staff working under their supervision or at their direction are bound by both obligations. However, the parties disagree as to the extent to which law enforcement officers and/or civil servants may be bound by these obligations.”

Prosecutors criticized Combs' proposal as “clearly excessive” and said there was “simply” no way to enforce it, noting the “alleged leaks.” […] were not of importance to the grand jury and, as the defendant admits, are not alleged to have come from the agents and officers in charge of this case”:

In contrast, the defendants have insisted – citing no authority – that such an order binds all “local and federal law enforcement officials assisting in any aspect of the investigation or prosecution of the above case and any related grand jury proceedings, including, but not limited to, the Department of Homeland Security.” Defendant's proposal is clearly overbroad, as it would require the government to be held accountable for potentially thousands of agents of an independent law enforcement agency over whom the government has no authority or has supervision. In fact, the U.S. Department of Homeland Security (“DHS”) employs over 200,000 people and includes Homeland Security Investigations (“HSI”) as well as several other law enforcement agencies (e.g., U.S. Immigration and Customs Enforcement). , US Secret Service and others) that play no role at all in this case. Such an order would simply be unenforceable.

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