Diddy is currently behind bars serving a 50-month sentence. Last July, he was convicted of two counts of transporting individuals across state lines to engage in prostitution in violation of the Mann Act. Today (April 9), the mogul and his legal team are in court, appealing his federal prison sentence. They argue that the "freak-off" tapes are simply amateur pornography, meaning they're protected under the First Amendment.
"Freak-offs and hotel nights were highly choreographed sexual performances involving the use of costumes, role play, and staged lighting which were filmed so Combs and his girlfriends could watch this amateur pornography later," they claim. "Pornography production and viewing of this sort is protected by the First Amendment and thus cannot constitutionally be prosecuted."
For this reason, they believe Diddy actually deserved a sentence closer to 15 months, when he's already served 19 months. They're seeking his immediate release. It remains to be seen whether or not this will actually happen, but TMZ's Harvey Levin says it's a possibility.
Diddy's Appeal
In a new clip, Levin explains exactly why this is the case, also breaking down the arguments Diddy's team is making. "His defense lawyers are making two arguments that could sway these judges and make them overturn the conviction," he said. "They will meet and confer, as they say, and write an opinion. If the appellate court buys what Diddy is trying to sell, he could be a free man relatively soon."
Prosecutors have made it clear that they believe prison is the best place for the Bad Boy founder. According to them, the judge did the right thing by taking the way Diddy treated his alleged victims into account when deciding on a sentence.
“According to Combs, the district court should have closed its eyes to how he carried out his Mann Act offenses and abused his victims," they wrote in their appellate brief. "Violently beating them, threatening them, lying to them and plying them with drugs."
