Speaker 1: Hey, folks. It is Thursday, September the twenty fifth, and
Speaker 1: the question being asked in court today is it prostitution
Speaker 1: if you paid to watch two other people have sex.
Speaker 1: Welcome to this episode of Amy and TJ and Rose.
Speaker 1: This is where we are. Diddy has not been in
Speaker 1: that court room since his conviction in July. He was
Speaker 1: in there today making an argument for why his conviction
Speaker 1: should be thrown out and key to it, what exactly
Speaker 1: is prostitution?
Speaker 2: Now, I'm curious about this concept. Did the lawyers get
Speaker 2: into this the way they did today in this hearing
Speaker 2: during trial? Are they trying a new tactic out so
Speaker 2: to speak, to undo the convictions that did go down.
Speaker 1: Part of the argument is he was not convicted of
Speaker 1: the harsher countclose other three harsh counts. That means that
Speaker 1: the jury doesn't think he was guilty of that stuff.
Speaker 1: It means these chargers wouldn't even exist. If he's not
Speaker 1: guilty of that stuff, these charges shouldn't even be here.
Speaker 1: That's one of the arguments that they are making. So
Speaker 1: they tried to make the case during the trial through
Speaker 1: witness testimony and whatnot. Here is a case where now
Speaker 1: they are putting it on paper in emotion, and today
Speaker 1: they got in court. So to get you caught up, folks, Yes,
Speaker 1: Sean Diddy Combs was in court today. He did have
Speaker 1: a hearing that wrapped up a little while ago as
Speaker 1: of this recording, but it went about ninety minutes and
Speaker 1: his lawyers and the prosecution were making an argument. Their
Speaker 1: motion is that they think his convictions for transportation to
Speaker 1: engage in prostitution should be thrown out, and they've asked
Speaker 1: the judge to do so. We are on standby as
Speaker 1: we sit here, Robes. He was very vague about when
Speaker 1: we were going to hear.
Speaker 2: From you, did he say? Shortly? A decision very shortly,
Speaker 2: and it has to be very surely. We don't know
Speaker 2: if that means within thirty minutes, a couple hours tomorrow,
Speaker 2: but it has to be within a certain amount of
Speaker 2: time because his sentencing hearing is set exactly a week
Speaker 2: from today, where we will find out if this doesn't work,
Speaker 2: If this option doesn't work for Diddy, just how long
Speaker 2: will he have to serve behind bars? So, yes, it's timely, indeed,
Speaker 2: and yeah, very shortly is tough to nail down.
Speaker 1: Yeah, it could be today, it could be overnight tomorrow
Speaker 1: and we don't know. But if we hear from this judge,
Speaker 1: I mean, it's okay. You've read more about the legal
Speaker 1: experts than I have, and most of them are saying
Speaker 1: not a chance in hell right correct.
Speaker 2: Everyone says this is a hail Mary is how it's
Speaker 2: being described, and if you're a football fan, you know
Speaker 2: exactly what that means. But it's that last past to
Speaker 2: see if you can suddenly score a touchdown when no
Speaker 2: one was expecting you to. Everyone thought you were gonna lose,
Speaker 2: and suddenly bam.
Speaker 1: It's unlikely, but sometimes it works.
Speaker 2: And the reason why everyone says it's so unlikely is
Speaker 2: because they're looking at this judge's past behavior, his past decisions,
Speaker 2: and they all have. He has stated very clearly that
Speaker 2: he believes that Shawan Didtycombs is a violent man, is
Speaker 2: a dangerous man, and that is why he denied him bail,
Speaker 2: and he is been very consistent in making those types
Speaker 2: of statements and the decisions that follow.
Speaker 1: We've lost how many times the count of how many
Speaker 1: times they have tried to get this man out of jail.
Speaker 1: They have come up with, we will do anything you want, judge,
Speaker 1: including the fifty million, put any security anything you want.
Speaker 1: Every time he has said we cannot guarantee, based on
Speaker 1: his behavior that he is not a threat to society
Speaker 1: or to people in his world.
Speaker 2: And we made the comment the last time we did
Speaker 2: a full podcast on this when he was trying to
Speaker 2: get bail waiting for the sentencing date next week? Didn't
Speaker 2: they use this same argument for why so the reason
Speaker 2: why they thought he should be allowed out on bail,
Speaker 2: I feel like sounds a little similar to why now
Speaker 2: they believe his conviction should be tossed out because they're
Speaker 2: talking about the Man Act and that that is the
Speaker 2: reason why he was convicted, and it was unfair. It's
Speaker 2: a misuse of the law to prosecute him under these charges.
Speaker 1: Say, in modern times now this has mainly been used
Speaker 1: for people who are benefiting from the prostitution, benefiting financially,
Speaker 1: in other words, a pimp for lack of a better term.
Speaker 1: So why is it this guy should he be going
Speaker 1: to prison for years for prostitution He didn't benefit from financially,
Speaker 1: and he also did not participate physically. He didn't have
Speaker 1: sex with anybody. He gave money to correct.
Speaker 2: The other thing that's so interesting in what we heard today.
Speaker 2: So we've been hearing a lot about the First Amendment. Right,
Speaker 2: We've been hearing a lot about the First Amendment when
Speaker 2: it comes to Charlie Kirk, when it comes to Jimmy Kimmel.
Speaker 2: The First Amendment has come up now in this argument
Speaker 2: to set Ditty free because they say that these videos
Speaker 2: that he made were basically amateur porn videos and that
Speaker 2: they were his expressive content. So this is a violation
Speaker 2: of his First Amendment rights to basically say he wasn't
Speaker 2: allowed it is illegal for him to making these videos
Speaker 2: of people he paid to have sex.
Speaker 1: I am you know, I'm I'm glad to see the
Speaker 1: First Amendment having its moment where.
Speaker 2: It's been a hell of a week for the First Amendment.
Speaker 1: We're discussing it quite a bit late night comics and
Speaker 1: medium moguls who are possibly going to prison for a
Speaker 1: prostitution is what we're dealing with. It's fascinating to hear
Speaker 1: that the law is fascinating. But yes, to think that
Speaker 1: the argument for did he not going to prison is
Speaker 1: that it could possibly be a violation of his First
Speaker 1: Amendment right, that is amazing.
Speaker 2: I feel like that's a bit of a stretch for me.
Speaker 2: But you know what, I wasn't in a hearing to
Speaker 2: hear all the details. And these are the most brilliant
Speaker 2: lawyers that money can buy, and they'd certainly proven to
Speaker 2: be that. But that was a that was a my
Speaker 2: eyebrows raised a little bit when I was reading about that.
Speaker 1: But the judge, I mean, there were a lot of
Speaker 1: questions he gave, like several hypotheticals about prostitution today. Here
Speaker 1: you go. This is when he was taking on the prosecutors.
Speaker 1: The judge asked them, so, wait a minute, what if
Speaker 1: a porn producer hires a couple actors, flies them in
Speaker 1: and then films them having sex and they get paid,
Speaker 1: are they also violators of the Man Act? Now? The
Speaker 1: response from the prosecutor was, well, that's a totally different
Speaker 1: set of circumstances. It's different. But that is essentially what
Speaker 1: the defense is saying, Yeah, he paid some people to
Speaker 1: come perform, and they perform their duty.
Speaker 2: For his personal amateur porn collection.
Speaker 1: Yes, to be watched later. That is kind of a
Speaker 1: simple A how about this? A legal simpleton like me
Speaker 1: can make sense of that argument the way he put it.
Speaker 2: I can too, because look, we have said this time
Speaker 2: and time again following this trial so closely that if
Speaker 2: they had just or if whoever wanted to bring the
Speaker 2: charges had filed charges against him for domestic assault, domestic battery,
Speaker 2: these charges would have stuck. They would have made sense.
Speaker 2: He admitted to them. What they decided to do was
Speaker 2: go for these big charges with these longer prison sentences,
Speaker 2: and now they're having to explain their way out of it,
Speaker 2: and there is some it makes sense that there is
Speaker 2: some legal potential legal loopholes for the defense to poke
Speaker 2: holes in at least and to say, hey, they're trying
Speaker 2: to say all this. But in a sense, all he
Speaker 2: was doing was sexually gratifying himself by making videos of
Speaker 2: other people who were having sex together. He wasn't involved,
Speaker 2: but he was watching, he was recording. He set it
Speaker 2: up like a movie set, I mean, he was producing it.
Speaker 2: He wanted a lot of baby oil, he wanted he
Speaker 2: had very specific needs that he wanted for things to
Speaker 2: look a certain way, to be a certain way.
Speaker 1: That was part of the argument. He stayed clearly, he
Speaker 1: was trying to film something and there was a performance.
Speaker 1: This was role playaging something. God's the argument, and in
Speaker 1: doing so he had every right to do so, and
Speaker 1: if you want to put him in prison for it,
Speaker 1: it's a violation of his First Amendment rights he has
Speaker 1: protected under the Constitution to make freak off videos. Guys,
Speaker 1: is a good country. It's an amazing country when you
Speaker 1: think about that. Yeah, aside from all the other stuff
Speaker 1: we're talking about, we're not talking about the violence here
Speaker 1: and in all of.
Speaker 2: This, because that's not what the charges are, not what
Speaker 2: the convictions were.
Speaker 1: On, not what we're talking about. But they want to
Speaker 1: make the argument that yes, he was only they might
Speaker 1: be lesser charges, but they are aggravating circumstances that we
Speaker 1: all know about, and that is what the judge has
Speaker 1: signals he's going to take into account.
Speaker 2: And Babe, we were having this conversation earlier because I
Speaker 2: was looking at several news reports that were basically saying
Speaker 2: that in this hearing today, the defense is setting up
Speaker 2: their arguments for the sentencing that they're asking for next week.
Speaker 2: So all of this will be taken into account. Even
Speaker 2: if the judge decides, and we expect him to decide
Speaker 2: not to give Diddy at least, or to throw out
Speaker 2: the charges, or even to give him a new trial
Speaker 2: still what we heard today in court will likely be
Speaker 2: applied towards his sentencing.
Speaker 1: Again, would you say, the best legal team in the country,
Speaker 1: they know what they're doing. Even if we lose this,
Speaker 1: it's going to help us win or lessen what happens
Speaker 1: next week. So next week, I mean, this is sweetheart.
Speaker 1: This is a huge divergence in what they're asking for
Speaker 1: in terms of his prison time. The defense is asking
Speaker 1: for as little as possible. Fourteen months, he's served thirteen already,
Speaker 1: homeboy be out, maybe even by Halloween.
Speaker 2: I think they said, with credit for time served or
Speaker 2: for good behavior, sorry good behavior that actually he could
Speaker 2: walk out that day.
Speaker 1: Potentially good behavior. It counts right. It's cutting a little up.
Speaker 2: And they went into long discussions about how great he's been,
Speaker 2: how stellar of an inmate he's been, how he's setting
Speaker 2: up these classes for inmates to learn how to be
Speaker 2: businessmen and how to do good and be better and
Speaker 2: make their own money when they get out of prison.
Speaker 2: So they were showing what he's done in prison, what
Speaker 2: he's done behind bars, not just good behavior, but he's
Speaker 2: been a leader in all the right ways behind bars.
Speaker 1: All that stuff was important and doesn't make you remember
Speaker 1: the Menindez brothers who were denied right getting out, and
Speaker 1: so much came up about their conduct in prison. Everybody was, Oh,
Speaker 1: they've been model prisoners.
Speaker 2: Turns out they weren't.
Speaker 1: Yeah, the Parobo, you did this, you did all that
Speaker 1: little stuff matters, And if it's true that he has
Speaker 1: been a model prisoner, the judge may very well and
Speaker 1: can take that into account. Good job. Again, this is
Speaker 1: part of the legal strategy as well. Whoever his lawyers
Speaker 1: were from day one. They say, Yep, you're going to
Speaker 1: jail today. You need to behave and be the best
Speaker 1: you can every single day because it's going to matter
Speaker 1: down the road.
Speaker 2: Yes, and here we are now, and if you do
Speaker 2: have someone planning ahead, I mean, that does make a
Speaker 2: huge difference in terms of how the judge is going
Speaker 2: to view how long you have to continue behind bars
Speaker 2: at this point. So, yes, they want fourteen months, which
Speaker 2: would essentially mean he would walk next week, give or
Speaker 2: take a few weeks or so. But the defense initially sorry,
Speaker 2: the prosecution initially said they wanted five to six years.
Speaker 2: But now they're being coy about it. We don't know.
Speaker 2: They haven't actually filed the paperwork to say exactly how
Speaker 2: much longer they'd like him to serve, but it has
Speaker 2: been rumored and I've seen multiple reports that the prosecutors
Speaker 2: are going to ask for even longer, that they want
Speaker 2: an even longer sentence than the five to six years
Speaker 2: that they had initially discussed a couple months ago. There
Speaker 2: now it seems as though they may ask for even more.
Speaker 1: What is about to happen rogues. All of this, folks,
Speaker 1: right now is on the table. He could be he
Speaker 1: could have those convictions tossed as at any moment and
Speaker 1: get out of prison. He could have those convictions stand
Speaker 1: but still next week be sentenced and still walk right
Speaker 1: out of prison. Or he could be sentenced and be
Speaker 1: in jail for the next seven years.
Speaker 2: Or he could also get a new trial.
Speaker 1: Yeah, that's what they're asking for as well.
Speaker 2: So there are four potential outcasts.
Speaker 1: But we will know very shortly. But we do want
Speaker 1: to tell you, folks, stay here. We're going to take
Speaker 1: a beat, but we want you to hear a little
Speaker 1: color from the courtroom today and also what Diddy allegedly
Speaker 1: said to his family about his future.
Speaker 2: And welcome back to this edition of Amy and TJ,
Speaker 2: where we are talking about Sean Dittycomb's hearing today in court,
Speaker 2: and yes, we talked about what's at stake. We know
Speaker 2: what the defense is asking for. We're waiting for the
Speaker 2: judge who could come out at any moment now and
Speaker 2: tell us his decision and what's on the table. Will
Speaker 2: they throw out the charges against him, will they give
Speaker 2: him a new trial? If neither one of those things
Speaker 2: goes forward, then we have sentencing next week. So either way,
Speaker 2: we're going to get some big developments here today, within
Speaker 2: the next couple of hours, maybe tomorrow, and certainly next week.
Speaker 2: But what happened today, we haven't seen Didty in three months,
Speaker 2: and it was a big deal to see him come
Speaker 2: out in court today with a big smile. He was
Speaker 2: described as having a big smile on his face when
Speaker 2: he walked into that courtroom this morning.
Speaker 1: This was a big day. He knows this is wrapping
Speaker 1: up and he is going to know his fate. I mean,
Speaker 1: the the ups and downs of this. I mean, look,
Speaker 1: nobody's looking at him and thinking he is a victim
Speaker 1: or feel sorry for him, and I understand that, but
Speaker 1: you remember the day the verdicts were read. That was
Speaker 1: a day he could have found out he was going
Speaker 1: to possibly go away for life. But the news he
Speaker 1: heard was so good with the two convictions. Remember he
Speaker 1: dropped to his knees. Yes, thank you Jesus, all these things.
Speaker 1: And then they thought he might get out of jail
Speaker 1: that day. They did big no, so he had to stay.
Speaker 1: That's a disappointment. So now here he is again. With
Speaker 1: all these options. He really could be out of there
Speaker 1: in no time, or he might have another five, six,
Speaker 1: seven years.
Speaker 2: But he seemed I mean maybe he you know, I'm
Speaker 2: sure you have a lot of time to work on
Speaker 2: your mental health and to work on your spiritual health.
Speaker 2: And so he seemed to be very positive, not just smiling,
Speaker 2: but waving to his family and friends. He didn't speak
Speaker 2: today during the hearing, but he was blowing kisses to
Speaker 2: his family. At the end, he told his mother how
Speaker 2: beautiful she looked today. And he did have some final
Speaker 2: parting words for the family and friends who came out
Speaker 2: to see him.
Speaker 1: And this is looks what the reporters in the room
Speaker 1: say that he did say to his family, quote, thank
Speaker 1: you all for coming. I love you all so much.
Speaker 1: Every hour, every day is me getting closer to going home.
Speaker 1: I've got some big plans for us, and that is
Speaker 1: from the reporters in the room. What he said to
Speaker 1: his family as he was exiting. I guess so what
Speaker 1: that means. That's curious, But he I think sick. Yeah,
Speaker 1: six kids that were in the court today. He had
Speaker 1: a big showing of family today.
Speaker 2: And it's interesting because that is an extreme positive way
Speaker 2: and a positive message to his family, a positive way
Speaker 2: to phrase what he's looking at and what his future
Speaker 2: may look like. But you'd think his lawyers would be
Speaker 2: giving him some indication as to what they think might happen.
Speaker 2: You'd think they'd give him some level of expectation. Maybe
Speaker 2: they'd tell him we have no idea. I mean, I'm
Speaker 2: curious what they're saying to him to keep him or
Speaker 2: at least to help give him some hope at this point.
Speaker 1: Manage expectations or me, I want you to tell me
Speaker 1: the worst case scenario. Don't give me too much hope
Speaker 1: and this thing. But why wouldn't he I mean, he's
Speaker 1: gotten this far and by all accounts, this was a
Speaker 1: victory for his defense team. To go from facing life
Speaker 1: to possibly getting out in a little over a year
Speaker 1: of serving time after all of this is pretty remarkable.
Speaker 1: So we are on stand by. We'll stay on stand by.
Speaker 1: Look up, the judge comes out and says something will
Speaker 1: hop back on as necessary. We want to give you
Speaker 1: this update, and we haven't done a Diddy update, I know,
Speaker 1: in a while. Right back up, right, this was so
Speaker 1: much of our lives from a month and a half
Speaker 1: it felt like. But now this is wrapping up for real.
Speaker 2: But this is going to be huge either way, and
Speaker 2: we'll find out more about what Diddy's fate looks like.
Speaker 2: And look after he said I'm coming every day, every
Speaker 2: hour and coming closer to home. He said, don't worry
Speaker 2: about nothing, no matter what it is, I'm going to
Speaker 2: deal with whatever it is. So that gives you a
Speaker 2: sense of his state of mind, that he is at
Speaker 2: a place of acceptance, hopeful acceptance is what it sounded
Speaker 2: like to me today from Sean Ditty Cums.
Speaker 1: All right, well, folks, we always appreciate you hanging with
Speaker 1: us for my dear Amy Robot. I'm TJ. Holmes. We'll
Speaker 1: talk to y'all soon.