Diddy's defense is making their closing argument in his criminal trial and they are owning the domestic violence testimony ... but they say there's no way he's guilty of racketeering and sex trafficking.
00:00Well, this might sound like an odd statement for Diddy's attorney to make during closing arguments, which is going on today, on Friday.
00:06But Mark Agnifolo made the point that his client is guilty of domestic violence, and that's it.
00:13And his point is domestic violence is not one of the charges that he is facing.
00:18And his point is the government, the rest of them are the charges.
00:21He says the government has not made that beyond a reasonable doubt.
00:25Well, but he also, what he is talking now about is, as we speak, as Mark Agnifolo is doing closing, is that he's talking about the motivation behind this case.
00:37He is saying that, and looking at the jury and saying that you should be worried, this is Mark Agnifolo talking, you should be worried because this is bedroom police.
00:49They are prosecuting him for what goes on in his bedroom.
00:54And the coercion that the prosecution talked about, he is saying, is really transactional between Jane, Cassie, and Diddy, and that they got something out of this knowing that the freak-offs were part of the package.
01:11I mean, that's essentially what he's saying.
01:12And then he makes a big deal, big deal, out of, you know, and he literally did it this way.
01:19He mocked the prosecution and said, ooh, baby oil, ooh, Astro Glide.
01:26And he's saying that they have made such a big deal about this that he is saying this squarely is bedroom police.
01:34Ugh.
01:35Well, no, no.
01:35I know that.
01:36That's what he's doing.
01:37No, I know he did.
01:37And I get that that's kind of the card that they have to play.
01:40And there may be even some truth to that.
01:44But it kind of ignores a lot of testimony.
01:48There was a lot of testimony that had nothing to do with baby oil.
01:51But here's what he's saying, because I think this is a really important point.
01:55When he's talking about transactional, it's really interesting because the prosecution is saying,
02:01Diddy held the fact that he was paying rent for Cassie and Jane, giving them all sorts of perks,
02:08and then holding that over their heads so that they would do freak-offs.
02:13From Agnifilo's position, he's saying this was simply transactional on their part.
02:19Right.
02:19That, yeah, you pay rent, you get all these goodies, you get a recording career, and this is all part of it.
02:26So he's saying it was transactional on their part.
02:30The prosecution's saying it's coercive.
02:33And so two different things.
02:34That may work for Jane's testimony, where it seemed largely transactional.
02:38She was getting her rent paid, and she was agreeing to freak-offs for a long period of time.
02:42With Cassie, he also brought up the $30 million settlement she struck in the wake of withdrawing her civil suit,
02:49which unleashed this torrent of terrible, you know, sort of things for Diddy.
02:53And that $30 million, that's not a transaction.
02:56That seems to people and jurors and ordinary people that he is trying to cover up for something that he did very wrong.
03:02No, you're missing the point.
03:04He said it is exactly transactional.
03:07His point, again, I'm not saying what I agree with.
03:09I'm saying his point is she was motivated by money.
03:14This whole, because he says she, look, his position is she's lying.
03:19He's saying she was not raped.
03:21He is basically saying not, not, not, and that this was a money grab to embarrass him,
03:27and that she was motivated by money.
03:29She didn't go to the police.
03:31She went to a civil lawyer.
03:32Again, this is his point.
03:34Right.
03:34So he is saying squarely it's transactional.
03:37Not just that.
03:37He's making the point, and he said this off the top, that this is a state domestic violence charge, not a federal case.
03:48Right.
03:48So they mischar, so he's accusing the feds of mischarging him and saying.
03:54Saying that they don't have anything, right.
03:55Right.
03:56There's no point.
03:56They don't have anything.
03:57This should have been a state case, not a federal case.
04:00With all due respect, that dog don't punch.
04:02It couldn't be because of the special limitations.
04:03Because that would require you to ignore all of the evidence that they have established during the course of this case.
04:09Yes, they showed that hotel video.
04:10It is not the centerpiece of the case.
04:12They've got the arson that he, they've got the kidnapping.
04:15They've got Kid Cudi.
04:16It's not an issue.
04:17Right.
04:18The hotel video is a state domestic violence case where the statute of limitations is run.
04:23Yes, and it's also evidence of sex trafficking by force, fraud, and coercion.
04:27And that was one instance when she wasn't able to leave.
04:29I don't know what else you need to show that someone was forced into something.
04:32If you're the prosecution, you lean into that and say, fine, that's domestic violence.
04:36It's also the kind of force behind sex trafficking.
04:38And I get what you're saying about that they could make the case that this is transactional, right?
04:44That Jane and Cassie, right.
04:46They could try to make that case.
04:47But remember that in their closing arguments, the prosecutors pointed out all it takes is one time for one of these women to have said to him, I don't want to do this.
04:58Right.
04:58And then he makes them do that.
05:00And they find him guilty.
05:02Right.
05:02And that's enough to find him guilty.
05:04They're painting these women.
05:05They're basically saying these women.
05:08I don't know how else to say it.
05:10They're saying that it's a lie.
05:11So it's going to be who the jury believes.
05:13He's saying today, he talked a lot about Cassie.
05:15He said it's a modern day love story.
05:18Right, right, right.
05:18They bonded over sex.
05:19Cassie was into all the freak offs.
05:22He was like, oh, it's a woman who loves sex.
05:23Amazing.
05:24And Austin, didn't he say modern day love story?
05:27She ended up getting money.
05:29He's in jail.
05:30She won.
05:30Yeah, he said she won 100 to one.
05:32She's got $30 million, 20 from the lawsuit against him, $10 million from the Intercontinental Hotel.
05:39She also has a lifetime of trauma.
05:41And she testified about the trauma that she deals with still.
05:44I mean, we can't say that this is someone who ended up better in life just because she has $30 million.
05:48Don't confuse this that we're embracing one argument or the other.
05:52We're just telling you what the defense is saying.
05:55What I find interesting is that we talked to Mark Agnifolo, who was doing the closing argument seven months ago for one of our Tubi docs on this.
06:04And, you know, Charles and I were talking about this a few minutes ago, that he has not wavered from his position even seven months back.
06:13A lot of what you are hearing, what he is saying in closing arguments, he said to us several months ago.
06:20This is the government scrutinizing his businesses, his businesses are fine.
06:24Scrutinizing the taxes, he pays his taxes.
06:27He does everything right.
06:28What's the last vestige?
06:30We're going to go into his bedroom.
06:31We're going to go into his bedroom because maybe we don't like the way he's having sex.
06:35Here's a man who has made some of the most important businesses owned by a black man.
06:43Run, owned, created, founded.
06:46The vision was that of a black man.
06:49What have we done?
06:50We have reduced him, not everyone, but a large amount of our society to being a monster.
06:57That should make us shake in our boots.
07:00It's funny because that's the exact argument he makes seven months later before the jury.
07:04Right, so you could look at that and go, what he's basically, the reason he hasn't changed
07:09is because he's saying the government hasn't shown anything that would make me change that
07:14argument that I made several months ago.
07:16Can I ask a question?
07:17What did you guys think of raising the specter of race in closing arguments?
07:20I don't think it's been a main point.
07:21We haven't heard it yet.
07:21Well, he hasn't done that yet.
07:22He hasn't done it yet.
07:23We don't know if he can do it.
07:24That part he hasn't done yet.
07:25He absolutely did.
07:26Oh, he did?
07:26He said they were trying to take down a successful black man.
07:28Oh, he did do that.
07:29He did.
07:29He did.
07:29He did.
07:29He did exactly what he did.
07:33Line and verse.
07:34Line and verse.
07:34Wow, he did it.
07:35I was wondering if he was going to do it.
07:37That's amazing.
07:38Wow.
07:39We will see.
07:40I mean, I have no idea how the jury is going to react.
07:42I have no idea how the jury is going to do it.
07:44I have no idea how the jury is going to do it.
07:45I have no idea how the jury is going to do it.
07:46I have no idea how the jury is going to do it.
07:47I have no idea how the jury is going to do it.
07:48I have no idea how the jury is going to do it.
07:49I have no idea how the jury is going to do it.
07:50I have no idea how the jury is going to do it.
07:51I have no idea how the jury is going to do it.
07:52I have no idea how the jury is going to do it.
07:53I have no idea how the jury is going to do it.
07:54I have no idea how the jury is going to do it.
07:55I have no idea how the jury is going to do it.
07:56I have no idea how the jury is going to do it.