Diddy Says Freak-Off Tapes Show Consensual Sex With Cassie | TMZ Live - video Dailymotion

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Diddy says the "freak-off" videos the government is trying to use against him actually prove his innocence ... he says the tapes show consensual sex with Cassie and he even claims she appeared to enjoy herself.

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00:00Diddy has filed new documents in the federal indictment against him, and his defense here

00:06is basically telling the feds, you don't have a case, because as far as Cassie is concerned,

00:12victim one, as the feds describe her.

00:15And by the way, the only victim listed in the whole federal complaint.

00:19So far, all they've put forward to the feds is Cassie.

00:23And he says, Cassie- She was in on it.

00:28This was completely consensual.

00:29He said that before.

00:31But now he's saying she was well aware that things were being recorded.

00:35There were no secret cameras or no hidden cameras.

00:39And she was completely party to this as much as I was.

00:43Not only aware of it, what he says in these documents is that victim one, Cassie, kept

00:48these videos on her own device for years and then produced them to the government as they

00:53were building their case and says, if you actually watch these, there's nine videos,

00:57apparently six encounters.

00:59They say she not only consented, but appears to thoroughly enjoy herself.

01:03She is evidently happy, dominant and completely in control.

01:06So they're saying, look, this is a consensual relationship.

01:09These were not orgies.

01:10These were not with minors.

01:11This is a consensual relationship between Diddy and Cassie at the time.

01:15And some couples do record their encounters.

01:17So there are two things going on here.

01:19One, the characterization of victim one, that calling her a victim, what he's trying to

01:26do is blow that up and say, she's not a victim.

01:30She's a participant.

01:31Right.

01:32That's number one.

01:33But the second thing that I think is really interesting is that one of the allegations

01:39we know that the feds are making is that there were sex workers that were flown from one

01:48state to another to engage in these freak offs.

01:55And that the flying of a sex worker and paying them would constitute prostitution, which

02:03is illegal under federal law.

02:05The Mann Act.

02:06You can't fly someone across state lines, transport them across state lines for purpose

02:10of prostitution.

02:11Here's the complication.

02:13The law doesn't say anything about, but it has to, you have to show coercion or force.

02:19But the intention behind the law was essentially for slavery.

02:24That's why this thing passed.

02:25And that the intention was to combat force, coercion or duress.

02:32We know because we've done a documentary, we've done three documentaries actually on

02:37this, the downfall of Diddy.

02:39We interviewed his lawyer and the second one, Mark Agnifilo.

02:43And he told me squarely that he is arguing that force and coercion is an element of this

02:51and he is going to fight it.

02:53Right.

02:54And this is what they're doing with this new filing, right, is to say they're addressing

02:56that force and coercion part of it and taking that off the table as far as they're concerned.

03:02And this document that was just filed to me is the closest evidence we have of the defense

03:08that he's going to mount.

03:10Now when you think about it, if Cassie is the star witness and everything points to

03:15the fact that she's going to be, this is not a slam dunk.

03:18But she's going to testify, right, that she was forced and that she was afraid of him.

03:25And so, yes, she went along with it because she was afraid of what the consequences were

03:30going to be.

03:31But then the jury's going to watch the tape.

03:32And I'm not saying that she wasn't afraid.

03:34I'm saying that it may be that watching the tape and listening to her on the stand.

03:41But then this tape, and then her response is going to be, look what happened, right?

03:46And then they're going to play this video.

03:47But the feds are saying this tape is not evidence of the freak-off, even though it

03:52was during a freak-off.

03:53Correct.

03:54Yeah, look, Harvey, to your point, even if it's not specifically an element they need

03:57to convict Diddy, this certainly changes the case entirely if what you're looking at with

04:02these freak-off videos, which people think are orgies and other celebrities and prostitutes

04:06are just consensual sexual activity between a couple, it's going to change the jury's

04:10impression of what they're really litigating here and maybe look like prosecutorial overreach.

04:14Derek, is he saying that in these nine encounters that it was just himself and Cassie?

04:23Or is he acknowledging that there were third parties involved?

04:26They're being very careful with their words.

04:28What they say is the videos do not depict sex parties.

04:31What you take of that, I don't know.

04:32And then it says there are no secret cameras, no orgies, no other celebrities involved,

04:37no underground tunnels, no minors, and not so much as a hint of coercion or violence.

04:42Take that for what it means.

04:43There are other ways of saying there are other people who are not celebrities.

04:46I don't know.

04:47I can answer it.

04:48Because when I interviewed Mark Agnifilo and when we talked about freak-offs, I asked him

04:53about these after parties with a hundred people, and he said, we're talking about three ways.

05:01And so by definition-

05:02And we've seen evidence of that, that there have been just three ways.

05:06So they are careful not to exclude that option, that it can be a three-way.

05:13But a three-way is enough.

05:15If it's a sex worker that they paid, that they cross state lines.

05:20Now then the issue becomes, is Mark Agnifilo right that you can use forced coercion or

05:25duress as an element of the Mann Act, even though it doesn't explicitly say it?

05:30Well, that's where the jury comes in, right?

05:32I guess the only point I'm making is, you know, everybody's kind of made their mind

05:34up on this yet.

05:36Legally, this is an interesting case, because remember, she is the only victim listed in

05:43this indictment.

05:44My name is Ariella Steinhorn, and I'm in New York City.

05:48To me, this is a page out of the playbook of any man who has ever been accused of sexual

05:53assault to divert, to say that she wanted it, to say that it was consensual.

05:58Even if it was ever at one point consensual, I think that the case can be made that they

06:04were plenty of non-consensual acts that occurred.

06:10And I think that the concept of Darvo, of reversing victim and offender, and putting

06:16all of our attention on Cassie and the thought that she maybe wanted this or was involved

06:20or was orchestrating this in some way, is an interesting tactic from his lawyers.

06:25But we'll see what Cassie has to say on the stand.

06:28Yeah, I mean, she's going to be the star witness for sure.

06:34Yeah.

06:35Yeah.

06:36Yeah.

06:37Yeah.

06:38Yeah.

Diddy Says Freak-Off Tapes Show Consensual Sex With Cassie | TMZ Live

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