- Silencing potential witnesses isn’t necessary for fair trial
- Music mogul facing sex trafficking, racketeering charges
Sean “Diddy” Combs lost his bid for a federal court order blocking potential witnesses in his federal sex trafficking case from speaking publicly.
Combs’ proposed gag order would infringe on free speech rights and isn’t needed to ensure a fair trial, the US District Court for the Southern District of New York said Nov. 8.
The music mogul is facing federal racketeering and sex trafficking charges after being indicted in September based on allegations that go back to 2008. He has pleaded not guilty.
Combs sought the gag order last month, arguing that prejudicial statements to news media would infringe his constitutional right to a fair trial.
But Combs’ requested order is too sweeping to pass constitutional muster and is broader than any court precedents have allowed, Judge Arun Subramanian said.
“Not all alleged victims will be participants in this case, and a blanket restriction on their speech will silence individuals who may never have anything to do with the proceedings here,” Subramanian wrote. “And in any event, less restrictive alternatives must be considered and rejected before imposing a restraint on speech.”
Such an order also isn’t necessary to protect Combs’ trial rights, the judge said.
“Balancing the interests at stake, the Court has already taken steps to limit what can be said publicly,” he said. Those steps include requiring the government make clear to anyone involved in the case their obligations not to release non-public information or opinions that could bias jurors.
“The Court is open to other tailored proposals that will help ensure a fair trial,” he added.
Agnifilo Intrater LLP, Shapiro Arato Bach LLP, Sher Tremonte LLP, and Anthony L. Ricco of New York represent Combs.
The case is United States v. Combs, 2024 BL 403647, S.D.N.Y., No. 1:24-cr-00542, 11/8/24.
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