Diddy’s lawyers say jail cell sweep violated his rights

Lawyers for Sean “Diddy” Combs is firing back at claims he is stalling his sex-trafficking case behind bars, claiming prosecutors improperly searched his cell and violated his right to attorney-client privilege.

Days after the government claimed that Combs sought to “undermine the integrity” of the case by contacting witnesses, his lawyers said it was the prosecution that had made serious missteps – including by seizing “notes to his lawyers” about potential trial strategies.

“This search and seizure violates Mr. Combs’ (constitutional) rights,” wrote Diddy’s lead attorney Marc Agnifilo. “The targeted seizure of a custodial inmate’s work product and privileged materials — created in preparation for trial — is outrageous government conduct amounting to a substantial due process violation.”

In the case, Diddy’s lawyers ask Justice Arun Subramanian to hold an immediate hearing to examine the search and seizures, saying they want to ask key questions about how the process went.

“Who authorized a search of Mr. Combs’ sleeping area, personal effects and paperwork?” Agnifilo writes. “Who made the decision not to tell Mr. Combs’ attorney that the U.S. attorney was in possession of his memos, including ‘possibly privileged material,’ until after the government submitted them in a case to keep him incarcerated?”

Combs, also known as Puff Daddy and P. Diddy, was once one of the most powerful men in the music industry. But in September, he was indicted by federal prosecutors on extortion and sex-trafficking charges over what they say was an extensive criminal operation aimed at satisfying his need for “sexual gratification.” If convicted of all charges, he faces a potential sentence of life in prison.

On Friday, prosecutors made serious new allegations. In response to Combs’ latest bid to be released on bail, they said such action would still pose a serious risk of obstruction of justice; in the process, they accused Diddy of trying to reach witnesses, leak favorable materials and orchestrate “social media campaigns” to influence public opinion and taint the jury pool.

“Defendant has continued to engage in a relentless course of obstructive conduct designed to undermine the integrity of these proceedings,” prosecutors wrote in the suit.

In the case, prosecutors noted that some of their evidence came in the form of notes recovered from Diddy’s cell during what they called “a pre-planned nationwide sweep of BOP facilities.” The sweep turned up “possibly privileged material,” but prosecutors said the evidence had been screened by a so-called filter team to avoid inappropriate material.

Attorney-client privilege exists to protect the right of an accused person to secure an effective defense by their attorneys. It is designed to allow a defendant to be honest with their legal team without having to worry that such material may later be used against them.

In Monday’s response, Combs’ lawyers said some of the materials taken from his cell were “absolutely privileged” and should not have been released to government lawyers, who are barred from seeing them. They included “privileged memos to his attorneys about defense witnesses and defense strategies.”

“This is a matter of grave concern which, with great respect, must be addressed immediately,” Agnifilo writes. “Because the US Attorney, and it appears that the trial prosecutors are currently in possession of privileged material, we are requesting a full evidentiary hearing as soon as the court can accommodate us.”