[Music] Welcome to TMZ Live. Um, if the defense in the Diddy case gets its way, Diddy could be a free man next month. Next month, next month. because they have filed a massive document um basically setting out their position and their position is that what he was convicted of amounts to nothing more really than an orgy orgs. orgies. Yes. That he had orgies. Big deal is kind of the tone of the documents that they filed and they, you know, make their case for him if you're going to convict him.
Um, that this should be a very lenient sentence. So, what they're asking for is this. They are saying, look, he was found not guilty on all the serious charges, racketeering, fraud, force, coercion, rape, all of those. Found not guilty. He wasn't charged with rape, but it was part of the force issue. The only thing he's left with is the Man Act, which is taking a prostitute across state lines and paying them for sex. What they're saying is what that is worth is 14 months in prison and then supervised release for some period thereafter. Now, we should say that that is this is what they are Diddy's team is suggesting to the judge.
The prosecutors are on the far other end of the spectrum where they're saying he should get somewhere between four to five years. That would, I'm sure, include time served. Again, he's been in for a year now. That would be that that's would be throwing the book at him for a man act violation. Um if he gets 14 months, if the defense gets what they want, he'd essentially get out October 3rd because he's been in you get 15% credit for time served. So he'd basically be out after the sentence and then he'd be on supervised release, right? So there's something more though and that is whether or not whether or not he should be sentenced at all. Yeah. There's this side battle that's going on where they want to throw out the two man act convictions. They've won and they're sort of trying to spike the football and say those man act convictions should be thrown out as well because all Diddy did was he never actually hired the prostitutes for the purposes of having sex himself.
What he did was hire prostitutes, bring them across state lines. He said they they said on the stand on the prostitutes it was for our company. But even if you believe they came for sex, it wasn't for sex with him. He's saying he was the amateur pornographer. He was the voyer, but the sex was going on between Cassie or Jane and the prostitute. Now, this is a pretty clever argument. I think it's a a little too clever to be honest with you because they made that before.
They have Well, there's going to be But that is He's right. That is the the classic man act is where you bring a prostitute across state lines for your own purposes. Yeah. Listen, it's an old it's an old statute. It's about going out on your own for his purposes. Like, I I get it. He didn't physically have sex with the the prostitution, but it's for his sexual gratification. It's for his sexual gratification. I get it. And and and who whether he paid for their company or not, that's the oldest excuse in the book to say, "I'm paid for my company and then I happen to have sex." It's an uphill claim for them to do it. Well, the judge is going to answer this later this week. But the thing that the judge also has to consider, you know, with the man act is a history to this. It is a racist law that was passed during reconstruction to prevent black men from dating white women. Famously, Jack Johnson Jack Johnson the boxer was prosecuted.
The black boxer Barry was prosecuted. He's also black and who was black. I I'm I kind of assume that they knew. There was a fear of black men taking white women across state lines. But you know, Johnny Cochran in the OJ Simpson case famously also black who also black not prosecuted under the man act though said to the jury um race plays a part in everything and um they raised that issue they raised that issue with Diddy but hasn't as far as this case is concerned that ship has sailed they made that argument at the beginning of the trial to your point it preserves it for appeal you can have these kind of academic arguments and maybe that they they want to have this sideshow go all the way up to the Supreme Court and really argue the matter.
I don't know. I don't know that it's a sideeshow. Mark Agnilo, who is the lead lawyer in the case, told us when we did our documentary, and that was 7 months before the trial started and told the jury the exact same thing. What he said was they looked at Diddy, they couldn't go after him for his business, they couldn't go after him for his taxes, so they did the last thing they could possibly do, which is to go into his bedroom.
And it was a takeown, they said, of a successful black man. So he made this argument and and all the major argument now and get that get the charge thrown out. You're right. But does the judge is that in the judge head? Is that in the judge's head so that he has a more lenient sentence? That's right. Whether you look at it, you know, through a prism of look at the history of this law and look at what we're left with here. All right. Don't you think it's more likely the opposite is in the judge's head? That Diddy somehow convinced a jury through very successful lawyering to get the major charges thrown out and I still want to punish him even though all I have is two minor offenses. Oh, I hope the judge can't think that. Yeah, he should. He shouldn't. But he's a human. He want the judge to go like, "Oh, he just had great lawyers, so now I I I need to punish him." The law is supposed to be dispassionate, but it is run by humans.
And Harvey knows that as well as I do. That's why the jurors are human. They they respond to evidence in certain ways. So do the judges. And if the judge is looking for a pound of flesh, that could backfire for the judge if he wants to be on the appellet court without question. Hey guys, I'm Joy Daly from New York City. And I believe that Diddy has been sitting in prison behaving himself for over a year. And for the first time in two decades, he is clean as a whistle in terms of his sobriety.
So, I hope that Diddy learned his lesson and he doesn't make any more of these dangerous mistakes because I believe this entire experience has changed his entire life. Shook him to his core. His whole life flashed before his eyes and I just can't wait to see the outcome of this trial. Well, we will see. October 3rd is the sentencing and um that's what a week and a half away. But we will hear.
