Judge to gag Diddy lawyers and feds after courtroom argument about 'racist prosecution'

• A judge said he'd impose a gag order on the lawyers in Sean "Diddy" Combs' sex-trafficking case.
• The judge also set a May 5 trial date, though additional charges may be pending.
• The feds said they're still struggling to crack the encryption on some of Diddy's electronics.

The judge overseeing Sean "Diddy" Combs' criminal sex-trafficking case said he plans to impose a gag order on its lawyers after a heated courtroom argument over a defense attorney's remarks that the prosecution is "racist."

At a Thursday hearing in Manhattan federal court, US District Judge Arun Subramanian told the attorneys he would consider a gag in response to Combs' lawyer Marc Agnifilo's complaints that government agents had leaked details of their investigation to the press.

Assistant US Attorney Emily Johnson initially argued against imposing a gag order, saying that prosecutors had not leaked any information. She noted that federal rules already exist, barring both sides from making statements that could prejudice a future jury.

Johnson then accused Agnifilo of running afoul of those rules himself in statements he made to TMZ.

"Mr. Agnifilo recently sat down with an interview with TMZ where he baselessly accused the government of running a racist prosecution," Johnson said.

In the interview, Agnifilo accused prosecutors of plotting "the takedown of a successful Black man" with its sex-trafficking case against Combs.

Combs, sitting at a table with his lawyers and wearing a khaki-colored shirt, opened his eyes widely and nodded along as Johnson read quotes from the interview.

"We think statements of this sort seriously risk a fair trial in this case and the integrity of this proceeding," Johnson said.

Damian Williams, the US Attorney of the Southern District of New York, who oversees the prosecution office, is a Black man.

Subramanian asked Agnifilo and prosecutors to agree on language for a proposed gag order that would be "reciprocal" — applying to both defense lawyers and the government. He said the order could be binding on government agents beyond just the lawyers involved in the case.

The judge also said he'll wait until both sides submit briefs before deciding to hold an evidentiary hearing into whether the government illegally leaked grand jury material to journalists.

Johnson, the prosecutor, denied the allegations and said the maneuver was meant to try to block jurors from seeing a key piece of evidence: The now-famous tape of Combs assaulting his ex-partner Cassandra Ventura and dragging her through a hotel hallway.

"The government believes that this motion is baseless, and it is simply a means to try to exclude a damning piece of evidence," Johnson said.

Diddy's case is expected to go to trial May 5 — but there may be more charges

Subramanian, who took over the case a week ago, set a May 5 trial date. The trial is expected to last about a month.

Prosecutors have accused Combs of sex trafficking and racketeering, alleging he used the resources of his business empire to orchestrate sexual encounters between Ventura and male sex workers. The "freak off" events often involved drugs and threats of violence, prosecutors say.

At the Thursday hearing, prosecutors said they may bring another indictment against Combs with additional charges.

"Our investigation is very much ongoing, and there is a possibility that there could be a superseding indictment that could affect the length of the trial," Johnson said.

Ahead of trial, Combs has been incarcerated in the Metropolitan Detention Center, a notorious federal jail in Brooklyn. He is appealing two other judges' decisions to reject a $50 million bond package his lawyers offered, which would have allowed him to stay in one of his homes as he prepares for the case with his lawyers. A district judge previously assigned to his case said there was a risk he could send "coded messages" to associates and tamper with witnesses.

Combs showed up at the Thursday hearing with a beefed-up legal team, which includes Alexandra Shapiro, who is also handling the appeal for Sam Bankman-Fried. Combs sat next to another lawyer, Anthony Ricco, who passed notes to the hip-hop mogul throughout the hearing. The recently hired attorney, Anna Estevao, introduced herself to the judge at the start of the hearing by saying she was "proud to represent Mr. Combs."

Also in the courtroom was Gloria Allred, who sat among journalists and other members of the public. She told BI she represents multiple accusers who have yet to file lawsuits. She also represents Thalia Graves, who alleges in a lawsuit filed a week after Combs' arrest that in 2001, the music mogul drugged her, tied her hands, and recorded himself raping her.

"I think the most important words spoken today, from their point of view, is 'The defendant remains in custody,'" Allred said of the judge's passing reference to there not being a bail application before him.

Asked when more lawsuits would be coming from her Los Angeles law firm, Allred said, "We will have to wait and see what happens in the future."

Much of Thursday's brisk 40-minute court hearing concerned the massive amount of electronic evidence seized by the government in the case, and when this trove would be turned over to the defense.

The government still can't get access to the highly-encrypted laptop seized from Combs' Manhattan hotel during his September 16 arrest, lead prosecutor Emily Anne Johnson told the judge.

Federal agents also seized 96 electronic devices from Combs on March 25, when they searched his homes in Miami and Los Angeles, and seized additional devices from his person at an airport in Florida.

Johnson said these, too, haven't been fully cracked due to problems with damage or the complexity of the technology. Other devices, including several tablets, are causing trouble because they're "older," she said. Still others, including eight devices seized in Miami, hold massive amounts of data totaling 90 terabytes, she said.

"We have been working diligently to extract the data from the devices," so that it can be shared, as required, with the defense, Johnson told the judge.

Johnson said Agnifilo is in the process of handing over documents from a March 2024 subpoena to one of Combs' companies, called Combs Global.

"That material is important for our case," Johnson said.

After the judge left the bench, Combs, who was shackled at the ankles but not handcuffed, was allowed to stand and face the audience. His seven children, his mother, and other family members and friends filled two 9-seat rows.

He spent several minutes smiling widely at his children, alternately waving to them, blowing two-handed kisses, and holding his hands to his chest and bowing.

Combs received waves in return from his twin 17-year-old daughters, who sat side by side in identical braids, jeans, and hoodies.