Ethermac|Sean "Diddy" Combs' Lawyers File New Motion for Bail, Claiming Evidence Depicts a Consensual Relationship

Sean "Diddy" Combs is Ethermacpushing back with his new filing.

One month after the rapper was denied bail for the second time, his attorneys filed a motion Nov. 8 requesting bail once again, arguing that "changed circumstances" and new evidence should allow him to be released from jail ahead of his May 5 trial, according to documents obtained by E! News.

The motion for bail claims that new evidence makes it "clear that the government's case is thin." 

The defense alleged that new evidence refutes the prosecution's claim that the March 2016 video of Combs physically assaulting a woman in a hotel occurred during a "coerced 'Freak Off'" or elaborate sex performance, as cited in the initial indictment. 

Instead, the motion claims that the video was "a minutes-long glimpse into a complex but decade-long consensual relationship between Mr. Combs and Victim-1."

Combs—who was arrested in September on charges of racketeering, sex trafficking and using transportation to engage in prostitution—pleaded not guilty to the charges in his case.

His attorneys also argued that the new evidence refutes the prosecution's notion there was a "potential second alleged victim," per their motion.

Combs has remained in custody at the Metropolitan Detention Center in Brooklyn, New York, since his arrest in September. 

E! News has reached out to the Office of the U.S. Attorney for the Southern District of New York for comment and has not yet heard back. Combs' attorneys have declined to comment.

During the September 17 hearing after Combs' arrest, U.S. Assistant Attorney Emily Johnson cited a 2016 video that was released this May, in which she said the Bad Boy Records founder assaulted an unnamed victim.

"Following a Freak Off at the InterContinental Hotel, the defendant violently assaulted the victim who was trying to leave the hotel room and was walking down the hall to the elevators," she continued. "He punched her, he threw her to the ground, he kicked her. He attempted to drag her back to the hotel room, and then later, he threw a vase at her. And it's after this assault that the coverup started." 

Johnson argued that the incident and what she referred to as the subsequent disappearance of the footage was "critical to understanding both the physical danger of the defendant and the obstruction efforts that he goes to."

She claimed that Combs "directed his staff to contact the hotel security staff in an apparent effort to obtain the surveillance video that recorded every moment of that assault" and that the video then disappeared, which she said was "not a coincidence."

In May, a 2016 video of Combs physically assaulting his then-girlfriend Cassie Ventura was published by CNN. The incident matched the description that Ventura—who dated Combs on and off for 10 years until 2018—detailed in her November 2023 civil lawsuit, in which she accused him of rape and abuse. Combs denied the accusations at the time and settled one day after it was filed without an admission of wrongdoing by the music producer.

He addressed the video days after the L.A. District Attorney's office announced charges couldn't be filed against him due to California's statute of limitations.

"It's so difficult to reflect on the darkest times in your life, but sometimes you got to do that," Combs said on Instagram in May. "I was f--ked up. I hit rock bottom. But I make no excuses. My behavior on that video is inexcusable. I take full responsibility for my actions in that video."

Keep reading for a full breakdown of Combs' extensive legal battle.

Federal agents with Homeland Security Investigations (HSI) executed search warrants at Sean “Diddy” Combs’ Los Angeles and Miami properties on March 25, multiple law enforcement sources confirmed to NBC News.  

The sources told the outlet the warrant was out of the Southern District of New York, and a spokesperson for HSI New York confirmed to E! News it “executed law enforcement actions as part of an ongoing investigation, with assistance from HSI Los Angeles, HSI Miami, and our local law enforcement partners.” 

Law enforcement sources told NBC News the music mogul was in the Miami area when the search warrants were executed. 

News about the investigation broke after Combs faced allegations of sexual misconduct in lawsuits filed by multiple accusers starting in November, with the musician denying the allegations. 

“Sickening allegations have been made against me by individuals looking for a quick payday,” he wrote in a December statement posted on Instagram. “Let me be absolutely clear: I did not do any of the awful things being alleged. I will fight for my name, my family and for the truth.” 

The day after HSI executed the search warrants at Combs' L.A. and Miami properties, his lawyer spoke out. 

"Yesterday, there was a gross overuse of military-level force as search warrants were executed at Mr. Combs' residences," attorney Aaron Dyer said in a March 26 statement to E! News. "There is no excuse for the excessive show of force and hostility exhibited by authorities or the way his children and employees were treated." 

Dyer noted Combs “was never detained but spoke to and cooperated with authorities.”  

“Despite media speculation, neither Mr. Combs nor any of his family members have been arrested nor has their ability to travel been restricted in any way,” his lawyer's statement continued. “This unprecedented ambush—paired with an advanced, coordinated media presence—leads  to a premature rush to judgment of Mr. Combs and is nothing more than a witch hunt based on meritless accusations made in civil lawsuits.” 

And Dyer expressed Combs' intent to defend himself.

“There has been no finding of criminal or civil liability with any of these allegations,” he added. “Mr. Combs is innocent and will continue to fight every single day to clear his name.”

As for what actually went down during the searches, multiple law enforcement sources familiar with the warrant told NBC News authorities with the Department of Homeland Security seized phones from Combs’ home in Miami before he was scheduled to travel to the Bahamas, and several sources familiar with the matter added that guns were discovered during the search.

One source familiar with the matter also told NBC News three women and one man were interviewed by prosecutors and investigators from the Southern District of New York about allegations of sex trafficking, sexual assault, the solicitation and distribution of illegal narcotics and firearms purportedly tied to Combs.

On the same day the search warrants were executed at Combs’ Miami and Los Angeles properties, one of his associates, Brendan Paul, was arrested by the Miami-Dade police on suspicion of drug possession, a law enforcement source familiar with the matter told NBC News. 

According to the Miami-Dade arrest affidavit obtained by the outlet, Paul was taken into custody for allegedly possessing suspected cocaine and suspected marijuana candy. 

Prison records obtained by NBC News show Paul was released on March 26 after posting bond.

“We do not plan on trying this case in the media,” Paul’s attorney Brian Bieber said in a statement obtained by the outlet, “all issues will be dealt with in court.” 

In May, Paul accepted a plea deal, with his lawyer Bieber telling People, "Brendan accepted the prosecutor’s offer to permit his entry into the diversion program which, after completion, the case against him will be dismissed in its entirety."

He was arrested in the lobby of a New York hotel on Sept. 16, 2024, according to NBC News. It's unclear what Combs has been charged with and if the arrest has any potential connection to the raids.

“We are disappointed with the decision to pursue what we believe is an unjust prosecution of Mr. Combs by the U.S. Attorney’s Office," his lawyer Marc Agnifilo said in a statement to E! News. "He is an imperfect person but Is not criminal. To his credit Mr. Combs has been nothing but cooperative with this investigation and he voluntarily relocated to New York last week in anticipation of these charges."

After Combs was arrested based on the sealed indictment, the indictment was unsealed on Sept. 17.

The 54-year-old was charged with racketeering conspiracy; sex trafficking by force, fraud or coercion; as well as transportation to engage in prostitution, according to court documents obtained by NBC News.

The indictment alleged Combs “abused, threatened, and coerced women and others around him to fulfill his sexual desires, protect his reputation, and conceal his conduct” for more than a decade, with prosecutors saying the purported behavior started around 2008.

"To do so," the documents stated, "Combs relied on the employees, resources, and influence of the multi-faceted business empire that he led and controlled—creating a criminal enterprise whose members and associates engaged in, and attempted to engage in, among other crimes, sex trafficking, forced labor, kidnapping, arson, bribery, and obstruction of justice."

According to NBC News, Combs pleaded not guilty and was denied bail.

“He’s going to fight this with all of his energy and all of his might,” his attorney Marc Agnifilo told reporters outside the courthouse prior to the arraignment, “and the full confidence of his lawyers."

Following his arrest, Combs was held at the Brooklyn Metropolitan Detention Center where he was denied a $50 million bond. The music mogul was also placed on suicide watch, which a source told E! News is a customary procedure for high-profile inmates. He was since taken off. 

He was assigned the same area of the jail as cryptocurrency fraudster Sam Bankman-Fried, a source told NBC News. 

Comedian Jeff Wittek, 34, came forward Sept. 29 to say he attended one of Diddy's "freak off" parties around 2010 in a Miami mansion.

"It was like eight stories high and it just kept going up," Wittek said on Jeff FM, "and the higher you went, the weirder s--t was going on."

"I saw live sex happen that night," he continued. "That's the first time I saw that happen ever in my life. And did I partake? No, but I got f--king drunk there."

As Wittek put it, "It's just crazy. I was literally there. I lived through it."

In an Oct. 1 press conference, attorney Tony Buzbee detailed that 120 people had come forward with new sexual assault allegations against the rapper. 

The allegations against Combs, Buzbee noted in a press conference with NBC News, include, "violent sexual assault or rape, facilitated sex with a controlled substance, dissemination of video recordings, sexual abuse of minors."

A lawyer for the rapper, Erica Wolff, later responded to the allegations, emphasizing that Combs maintains his innocence. 

“He cannot address every meritless allegation in what has become a reckless media circus," she said. "That said, Mr. Combs emphatically and categorically denies as false and defamatory any claim that he sexually abused anyone, including minors."

One of the 120 accusers was only 9 years old when they were allegedly assaulted by Combs, their lawyer Tony Buzbee said in an Oct. 1 press conference, per NBC News.

According to the attorney, “25 of the accusers were minors at the time of the alleged incidents."

Beyoncé and Jay-Z's lawyer spoke out after Piers Morgan's TV guest Jaguar Wright claimed the couple had more “victims” than Diddy.

"There’s rumors, and then there’s nonsense, and this is one step further,” lawyer Alex Spiro told TMZ Oct. 9. “This is a formal and pointed accusation of something.”

Their attorney told Piers to “remove that false accusation," which the host later did and apologized. 

“As I noted in the moment," Piers said on his Oct. 8  show, "they were not present to respond or defend themselves. But now they have: their lawyer has contacted us to say those claims are totally false and have no basis in fact.”