The third time was not the charm for Sean “Diddy” Combs.
U.S. District Judge Arun Subramanian denied the music mogul’s third bail request in a written decision on Wednesday (Nov. 27), obtained by Urban Hollywood 411.
In the decision, Subramanian said he considered several factors, including — the “nature” of the charges; the “weight of the evidence” against the mogul; and the “seriousness of the danger” he poses to the community.
Related: Prosecutors Say Diddy ‘Kidnapped’ Ex-Employee as Reason to Deny Bail
The judge added that prosecutors presented “direct evidence” of Diddy’s alleged violence in their filings urging the court to deny bail.
Among that evidence was the 2016 hotel surveillance video that showed the mogul kicking and dragging his then-girlfriend, Cassie Ventura.
While Diddy’s lawyers argued that the footage didn’t tell the full story, the judge noted in his order that “there is clearly violence” in the video.
Subramanian also cited evidence of alleged witness tampering.
The evidence included allegations by federal prosecutors that Diddy “paid other inmates” to use their Phone Access Code (PAC) numbers to call people not on his approved contact list, and the judge said there was evidence that the mogul had secretly used a program called “ContactMeASAP” after his arrest.
Additionally, the judge said the mogul “instructed family members and defense counsel” to make three-way calls to hide who he was calling, which is against Bureau of Prisons (BOP) rules.
Subramanian also chastised Diddy’s legal team for their “misrepresentation” that “legal” was written on notepads seized from the mogul’s jail during a jail-wide raid. The judge noted that photos taken during the sweep showed “no such labels.”
Related: Diddy ‘Paid’ $100,000 to Make Hotel Beating Video ‘Go Away,’ Prosecutors Said at Bail Hearing
The judge’s decision came after a bail hearing on Friday, Nov. 22, where Assistant U.S. Attorney Christy Slavik said the mogul was not following the rules at Metropolitan Detention Center in Brooklyn, and had allegedly been obstructing justice.
“Simply put, the defendant cannot be trusted,” Slavik said in court.
Diddy’s lawyers proposed a $50-million bail package and said he would stay at an apartment in New York City with round-the-clock private security if released.
Judge Subramanian gave both sides until Monday, Nov. 25, to submit letters on the arguments they made in court.
In their 13-page letter obtained by Urban Hollywood 411, prosecutors said Diddy’s inner circle “enabled him and assisted him” in a campaign of “kidnappings, assaults, arson, and sexual violence.”
The prosecution also accused the mogul of witness tampering after he was jailed, including by using a video his children posted to social media for his 55th birthday. Prosecutors said the video was made in an attempt to influence witnesses and potential jurors.
Prosecutors additionally alleged Diddy paid $100,000 to make the 2016 hotel surveillance video “go away.”
The Bad Boy Records founder apologized for his behavior in the footage after CNN published the video earlier this year.
Meanwhile, Diddy’s legal team argued in their 8-page letter that prosecutors were trying to suppress the mogul’s right to free speech.
Defense attorneys insisted Diddy’s statements, including on social media, should be protected like those of Donald Trump in his election interference case.
“The Court should apply Trump’s heightened standard when considering Mr. Combs’ speech here,” the defense wrote, referring to an appeals court ruling that defendants have broad free speech rights under the First Amendment.
The defense also argued that the mogul is being treated unfairly because he is Black.
They cited the case of ex-Abercrombie & Fitch CEO Michael Jeffries — who is white — and was freed last month on $10 million bail following his arrest for allegedly operating a sex trafficking ring from 2008 to 2015.
Prosecutors countered Jeffries, 80, was granted bail because of his age, he hasn’t been engaged in trafficking activity in a decade, and he has “non-public health issues.”
With his decision on Wednesday, Subramanian is the third federal judge to deny Diddy bail since he was arrested on Sept. 16.
The mogul is charged with racketeering conspiracy, sex trafficking, and transportation to engage in prostitution.
He denies wrongdoing and pleaded not guilty to all counts.
Diddy’s trial is scheduled to begin on May 5, 2025.
