A federal judge has ordered that prosecutors cannot utilize documents retrieved from Sean “Diddy” Combs’ jail cell until he determines whether these materials are protected by attorney-client privilege, an issue raised by the defense. This ruling was made by Judge Arun Subramanian during a hearing in a Manhattan federal court on Tuesday, where legal representatives of both sides engaged in vigorous debate regarding the seizure of 19 pages that an investigator photographed within Combs’ cell.
Combs, who has maintained his innocence against all charges, stands accused of coercing and abusing women for an extended period, allegedly with the assistance of a network of associates and staff members. The documents were seized during a purported multi-day operation at the Metropolitan Detention Center in Brooklyn, which aimed to eliminate weapons or contraband as part of a heightened anti-violence initiative.
Defense attorney Marc Agnifilo indicated he might seek to have the indictment dismissed or call for the disqualification of the prosecutors if the judge concludes that the materials were obtained and applied inappropriately. As Combs entered the courtroom, he shared a warm embrace with his legal team and carried a stack of papers as he was escorted out following the hearing.
Agnifilo revealed he was oblivious to the fact that the papers in question had been photographed by a Bureau of Prisons investigator and then handed over to prosecutors, only becoming aware when they were referenced in written arguments that opposed his request for a $50 million bail. A hearing regarding bail is scheduled for Friday. The attorney noted that the prosecution made two mentions of the documents while arguing that Combs has continued to engage in criminal activity since his arrest in September.
Prosecutors allege that Combs initiated social media campaigns intended to undermine the potential jury pool, attempted to inappropriate leak materials he believed would favor his case, and contacted potential witnesses through intermediaries. Assistant U.S. Attorney Mary Slavik clarified that the materials taken from Combs’ cell had been reviewed by independent lawyers within the government, who were separated from the prosecution, to assess if they fell under the protection of attorney-client privilege.
According to Slavik, these materials were not discussed with the defense because they were related to an ongoing covert investigation involving Combs. She also stated that prosecutors had not coordinated with jail officials ahead of time and had offered no instructions regarding the search of his cell. Among the contents photographed, there were everyday notes such as to-do lists and motivational quotes, along with references to Combs trying to find damaging information about potential witnesses.
Despite the prosecutors’ assertions, Agnifilo argued that any material that might appear irrelevant remains shielded by attorney-client privilege. He explained that discussions about potential witnesses, for example, are confidential, saying, “Every single thing” contained in the seized documents is protected due to its discussion with legal counsel. He stressed the significance of this breach, noting, “The government now knows potential defense witnesses for a May 5 trial,” asserting that this represents a significant failing on the government’s part.
The judge has requested both parties to submit written documentation in the upcoming weeks, allowing time for thorough examination before further proceedings continue.