A Manhattan federal judge has ordered prosecutors to destroy their copies of Sean “Diddy” Combs’ handwritten notes, pending a decision on whether the materials, obtained during a recent jail search, can be used in the rapper’s upcoming s*x trafficking trial, reported by Forbes.
During a hearing on Tuesday, U.S. District Judge Arun Subramanian instructed prosecutors not to reference the notes while he reviews the defense’s claim that they are protected under attorney-client privilege. This legal safeguard ensures the confidentiality of communications between lawyers and their clients.
“Get rid of them,” Judge Subramanian stated, though he retained a copy of the notes for further evaluation, according to REUTERS. A specialized team within the U.S. Attorney’s Office responsible for handling privileged materials will also keep their copy during this process.
The defense, led by attorney Marc Agnifilo, criticized the Oct. 28 search of Combs’ jail cell as a violation of his constitutional rights, calling it a “complete institutional failure.” Agnifilo argued the seizure of Combs’ notes infringed on his right to a fair trial and protections against self-incrimination. The notes reportedly contained strategies related to defense witnesses and legal planning.
Prosecutors, however, defended the search as part of a broader safety initiative at the Metropolitan Detention Center in Brooklyn, where Combs is being held. They stated that investigators found a manila folder marked “legal,” a notebook, and other personal items. While the Bureau of Prisons initially approved some materials for review, prosecutors claimed these notes were not privileged, as they included information about business dealings, music releases, and family matters.
Notably, prosecutors alleged the notes included plans to “pay off potential witnesses” and gather compromising information about them, which they argue could constitute obstruction of justice and negate any claim of attorney-client privilege.
Combs has been in custody since September, following his arrest on charges of racketeering, s*x trafficking, and transportation for prostitution. He has pleaded not guilty and denied all allegations of s*xual assault.
Prosecutors have opposed Combs’ bail request, citing concerns of obstruction, danger, and flight risk. They also alleged Combs orchestrated social media campaigns to influence public opinion and the jury pool. A bail hearing is scheduled for Friday, where Judge Subramanian will deliberate without considering the contents of the disputed notes. Meanwhile, prosecutors have hinted at the possibility of additional charges as investigations continue.