Diddy is taking another bite at the apple ... because his legal team just filed a new motion for bail ... and they say he's the only man in America behind bars for hiring male sex workers to bang his girlfriend.
00:00Well, Diddy is upping his offer to the government.
00:03He wants out of jail right now.
00:06You know that he is still behind bars at Brooklyn MDC
00:09while he is awaiting his sentence in October.
00:12But right after he was sentenced, they tried to get out on bail.
00:16They made an offer.
00:16They said we'd like for him to be released on a million dollars bail.
00:20The judge shut that down.
00:22So now it's like he's playing let's make a deal, right?
00:25How about this, Your Honor?
00:27What if we offer a $50 million bail package?
00:33The money has gone up, but the reason that he thinks he should get out
00:36is because he says what he's convicted of were nonviolent offenses.
00:42And he's right.
00:42He's right that he was convicted on two counts of the Mann Act.
00:46The Mann Act is hiring a prostitute and taking the prostitute across state lines.
00:52It's a nonviolent crime.
00:54And when you look at the Intercontinental video in 2016,
00:57he would have been convicted had he been prosecuted in California.
01:01But he wasn't.
01:02And the statute of limitations ran.
01:04So his position is, look, you're holding me because you say I have violent propensities,
01:10but that's not what I was convicted on.
01:11It's not what he was convicted on, but those violent propensities do exist.
01:16That's very clear.
01:17So then you keep it home.
01:17Not only from the video, but, and I know what you're saying,
01:19that there was plenty of testimony from both Jane and from Cassie during the trial about violent incidents.
01:27And now he was not convicted of those things.
01:29He was not on trial for being violent to them.
01:33Well, he was.
01:34I mean, because force, fraud, or coercion.
01:36And they forced to, hold on, forced to stay in the relationship.
01:40Forced to do the, the freak-offs.
01:43But Charles.
01:44And he wasn't convicted of that.
01:45No, I know.
01:45He wasn't convicted of that.
01:46But there was testimony that.
01:48But I'm saying.
01:49That Jane and Cassie were assaulted by Diddy.
01:52Correct.
01:53And, and had the jury believed that, they could have found him guilty.
01:56Not necessarily.
01:57He can be assaulting them, but the, but the jury didn't believe that they were forced to stay in this relationship.
02:03Right?
02:03The jury essentially said they were getting plenty out of this, out of this relationship.
02:08And that's why we're not going to convict him.
02:11Look, the bottom line is they didn't convict him of violence.
02:14You guys are arguing the wrong point.
02:16The Mann Act, under the bail statute.
02:17You can argue what you think the law should be.
02:19Here's what the law is.
02:20Under the bail statute, it is considered a violent crime.
02:24We can say it doesn't, it doesn't include violence.
02:26The Mann Act, 18 U.S.C. 2421, prohibits the transportation of individuals across state lines for constitution and other immoral purposes.
02:32This is called a crime of violence when determining whether to detain a defendant on bail.
02:39Right.
02:40On bail.
02:41No, no, no.
02:41Wait a second.
02:41He just dropped it.
02:42That's what we're talking about.
02:43We had the actual.
02:43That's what he's asking for bail on.
02:45Hold on.
02:45You, the last.
02:46No, but the judge didn't allow bail for a million dollars.
02:49I know.
02:49They were willing to put a million dollars up.
02:51And by the way, you know, as well as I know.
02:54Yeah.
02:55That the, and I'm not defending Diddy here.
02:57All I'm saying is, no, I'm not.
02:59I mean, Diddy should have been convicted in California.
03:03But what I'm saying is, you know, the Mann Act is not a violent crime.
03:07I know what you're saying.
03:09I get it.
03:10It's not.
03:10But the judge has to go by the code.
03:14So is this about a mask?
03:17It says on bail.
03:19It says on bail.
03:20It's a violent crime that the defendant, the convicted defendant, has to prove by preponderance of the evidence to convince the judge one of two things.
03:28Either, both, both, he's not a flight risk.
03:31The judge did not weigh not letting him out on him being a flight risk.
03:35There's no real evidence he's a flight risk.
03:36And that's what the money would go to.
03:38Is he willing to leave $50 million behind?
03:40He has an anklet, ankle monitor.
03:41Right.
03:41He's not really a flight risk.
03:42Okay.
03:43Surrender's passport, too.
03:44Right.
03:44Surrender's passport.
03:45The other thing that Diddy has to show, the burden is on Diddy,
03:48is that he is not likely to commit the same violent act, the Mann Act, again.
03:54Diddy, remember, was, even though he knew he was under federal surveillance,
03:57even though he was about to be arrested, was conducting a freak-off.
04:01So what you're saying is, they will keep him behind bars pending sentencing
04:05because they're afraid he might have a freak-off with a prostitute.
04:10Correct.
04:10He might traffic in prostitutes.
04:11Actually, and they hold him without bail.
04:14There are people who kill people who get out on bail.
04:18Again, I'm just saying, what's right is right.
04:21And there are people who kill people who get out on bail after they are convicted.
04:26Are you convinced that Diddy will not engage in a freak-off?
04:30I think he probably would.
04:32Can I just say, if there's a freak-off where there is no violence, force, or coercion,
04:38I mean, do you care that much?
04:40Do you care?
04:40I personally don't care.
04:42The law says what it says.
04:43And that's why they don't prosecute under the Mann Act.
04:46Look.
04:46Because people don't care.
04:47They never would have prosecuted him if this was just a Mann Act violation.
04:51The only reason they prosecuted him was because of Cassie and Jane.
04:55Right.
04:56The video came out of Cassie.
04:57That's right.
04:58That's why they prosecuted him.
04:59Let's not forget, though, in the judge...
05:00Can we just call BS?
05:02No.
05:02I don't think so.
05:03Look.
05:04The judge said during the determination not to give him bail the first time, you know,
05:09two months ago or whatever it was.
05:10He said, Diddy's own counsel admitted in cross-examination that if we were here on a domestic violence case...
05:18He'd be guilty.
05:18He'd be guilty.
05:19Yes.
05:19So, therefore, the judge said this.
05:21Your own counsel said that you were violent.
05:24But that was about the Intercontinental.
05:27Right.
05:27And he had to admit that.
05:28It wasn't about what the trial was about.
05:31But that's it.
05:32What we're talking about is he's violent.
05:34No.
05:34For sensing, it doesn't matter.
05:36That's the double-edged sword of them admitting, yes, it helped in that moment.
05:39It helped them to make the case that, look, we're admitting what you're seeing on the video.
05:43We're not arguing that.
05:45But that can come back to bite you later.
05:47And now it has.
05:48But that's nine years ago.
05:48But then you hold him...
05:50That's it.
05:50Who cares?
05:50That's right.
05:51The judge said that...
05:51Hold on.
05:52You don't think that...
05:53You do care.
05:53The only thing that matters is what the judge did.
05:55Hold on for a second.
05:56That's not fair.
05:57That's not fair.
05:58There was additional evidence submitted to trial that was never...
06:02No contrary evidence put up.
06:03And he also beat Jane two years ago.
06:05Then what?
06:06He's a serial domestic abuser.
06:08So keep him in prison for the rest of his life, reviling the man act because of what
06:11you're saying.
06:12No.
06:12The man act is one to ten.
06:13He's going to get out in a year.
06:15The man act is one to ten.
06:15Well, you don't know what the sentence is going to be.
06:17Again, you're just assuming it's a year.
06:18I know what the sentencing guideline is.
06:20Just forgetting the law.
06:21Right.
06:22If you're Diddy, do you want to get out of prison for two months just to go back?
06:28And this is time served.
06:29I'm not saying that nobody wants to be behind bars.
06:32That's a good point.
06:33I think the answer is yes.
06:34You're going to get out and get a taste of freedom for a month or two.
06:37If he's going to get a one-year sentence, do you think he's going to get about one-year
06:38sentence?
06:38If he's going to get a one-year sentence, do it one to two.
06:41Do that time now.
06:42Do more time now because that's going to be time served.
06:45So you're going to get out for two months and then have to go back.
06:49And then serve those two months.
06:50And then serve those two months.
06:51That's the best argument.
06:53Right.
06:53I mean, it's not about...
06:54I would never say to someone who's just stayed behind bars.
06:56Diddy shouldn't be making the case.
06:57I don't know.
06:58Diddy should be saying...
06:58He wins.
06:59He loses.
06:59What do you mean?
07:00Get out of here.
07:02I hate doing this.
07:03See you.
07:04You know, it's hard not to feel a certain way being a woman during this Diddy trial.
07:09If this were any other person, like we all know, like without money and fame, like this
07:14person would be behind bars and they would not be out on bail.
07:17I think you're right.
07:18I think money and fame make a...
07:20Especially money makes a big difference in the legal system.
07:23Right.
07:24Absolutely.
07:24Because that's the attorneys you can hire and the defense you can put on.