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Sean “Diddy” Combs claims that the Department of Homeland Security leaked the video of him allegedly assaulting his ex Cassie in 2016 in hopes to “undermine” the rapper’s “right to a fair trial.”

Diddy, 54, made the allegation in a new motion for an evidentiary hearing as he awaits trial on charges of sex trafficking and racketeering. His legal team filed the motion in the United States District Court for the Southern District of New York on Wednesday, October 9, Us Weekly can confirm. 

Per the docs, Diddy’s attorneys claimed that the disgraced music mogul wishes to request an evidentiary hearing “to investigate alleged government misconduct, specifically concerning unlawful leaks that resulted in prejudicial pre-trial publicity. These leaks, allegedly orchestrated by the Department of Homeland Security (DHS), are argued to have damaged Mr. Combs’ right to a fair trial.”

The docs continued, “The defense contends that DHS agents have engaged in a seven-month campaign to undermine Mr. Combs’ right to a fair trial by leaking confidential grand jury materials and have asked for a hearing as to how a 2016 hotel videotape was leaked to CNN. The leaks have resulted in damaging and highly prejudicial media coverage, particularly sensationalizing the investigation and the involvement of Mr. Combs’ family.”

Related: A Timeline of Diddy‘s Legal Troubles, Accusations and Arrests

INF/INSTAR Sean “Diddy” Combs has been under investigation for at least a year after being accused of sexual assault by multiple people. The rapper and music mogul, 54, made headlines in November 2023 after his ex-girlfriend Cassie accused him of sexual abuse in a bombshell lawsuit. She accused Diddy of beating her, forcing her to […]

Diddy was arrested on Monday, September 16, and taken into custody in Manhattan after a grand jury indicted him following a string of sexual assault lawsuits and a federal investigation. The 14-page indictment, unsealed the following day, accuses Diddy of abusing, threatening and coercing women for years “to fulfill his sexual desires, protect his reputation and conceal his conduct.” 

Diddy has denied all allegations against him and pleaded not guilty.

In May, CNN aired footage of Diddy allegedly assaulting his now-ex Cassie (Casandra Ventura) in a Los Angeles hotel. The video showed Diddy grabbing Cassie by her neck, shoving, dragging and kicking her repeatedly. It could now be used as key of prosecutors’ evidence.

“It was our team, we broke that video of Cassie being horribly, violently abused and that came up a lot during the court proceedings last week when he was indicted,” journalist Elizabeth Wagmeister said during the Thursday, September 26, episode of “The Viall Files” podcast. “That, according to all legal experts who have been on CNN’s air, will be a key piece of evidence that is likely shown to the jury.”

Related: Breaking Down the 5 Most Shocking Claims From Diddy’s 14-Page Indictment

Sean “Diddy” Combs was indicted on charges of sex trafficking and racketeering on Tuesday, September 17, one day after his arrest in New York. A 14-page indictment, unsealed on Tuesday, details a barrage of accusations against the rapper. Diddy “abused, threatened and coerced women and others around him,” the indictment states. Some of the alleged […]

Wagmeister, 34, further pointed out that the 2016 footage was already referenced in a civil suit against Diddy before her team “independently came across” it.

“[CNN] published it — for obvious reasons,” she said. “It was incredibly newsworthy, to say the least. Even though this came from a civil suit and not criminal proceedings, it’s all related. When you look at these civil suits from all these accusers, that can kind of provide a roadmap of what you may see in this trial.”

Hours after the outlet released the clip, Diddy apologized for his behavior without mentioning Cassie by name.

“It’s difficult to reflect on the darkest times in your life, sometimes you gotta do that,” he said in a May Instagram video. “I was f—ed up. I mean, 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. I’m disgusted.”

In his Wednesday motion filing, Diddy’s legal team alleged that the “government’s scheme to undermine Mr. Combs’ rights to a fair proceeding has several methods and means. First, there has been a steady stream of false and prejudicial statements made by DHS agents to various press outlets over the last seven months.” 

Earlier this year, law enforcement agents raided Diddy’s homes in both Miami and Los Angeles.

The documents also alleged that “the agents engaged in a particularly brutal and public search of Mr. Combs’ homes, during which they handcuffed Mr. Combs’ innocent sons and then marched them before a news helicopter and the press. This was an apparent effort to convey that they had overwhelming evidence against Mr. Combs, justifying the public and brutal treatment of even his children, who were handcuffed and manhandled by federal agents armed with assault rifles.”

Making a third point, his lawyers alleged that “government employees have repeatedly leaked grand jury information and materials to the press to raise public hostility against Mr. Combs in advance of trial.”

Related: Celebrities React to Diddy’s Arrest and Indictment: 50 Cent and More

Celebrities are weighing in following the recent arrest of Sean “Diddy” Combs. The music mogul was taken into custody in New York on September 16. The following day, a 14-page indictment alleging that Diddy “abused, threatened and coerced women and others around him” was made public. The rapper has since entered a not guilty plea […]

Citing the CNN footage of Diddy and Cassie, they claimed it “was but one of a long and documented history of leaks and false statements made with one purpose: to savage Mr. Combs’ reputation prior to trial. While the government’s misconduct in this case is particularly egregious, it is unfortunately part of a trend in this District — the government has learned that it can strategically leak information with impunity. This Court should exercise its authority to prohibit these underhanded tactics, which severely undermine a criminal defendant’s right to a fair trial.”

On Tuesday, October 8, Diddy filed his third appeal for pretrial release from prison, which has been described as “pure hell” by a prison consultant who exclusively spoke to Us last month. He is currently behind bars at the Metropolitan Detention Center in Brooklyn. 

The third appeal comes after Diddy filed a two-page notice of appeal on September 30, obtained by Us. The document sought to overturn a ruling by U.S. District Judge Andrew Carter, who flagged Diddy as a risk to witnesses involved in the case against him.

According to Variety, prosecutors also alleged that Diddy is a flight risk and his wealth could allow him to flee the country undetected.

If you or someone you know has been sexually assaulted, contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673).

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