The day Sean “Diddy” Combs was convicted of transportation to engage in prostitution — but acquitted of the sex trafficking and racketeering charges — his lead defense attorney Marc Agnifilo declared that the verdict was “a great victory” for the disgraced music mogul. In many ways, it was. Combs dodged serious charges that could have put him behind bars for life. Instead, he faces a sentence that is unlikely to exceed four to five years in prison.
But Agnifilo’s work isn’t done. Almost a month after Combs was denied bail ahead of his Oct. 3 sentencing hearing, he and a handful of Combs’ other attorneys filed a 62-page motion seeking an acquittal or retrial in relation to the two guilty charges of transporting prostitutes under the Mann Act, a statute that was also used to convict Ghislaine Maxwell and R. Kelly. Combs’ lawyers argued that the Mann Act has historically been applied to pimps or sexual crimes involving minors, whereas Combs was, in the defense’s view, simply hiring consenting male escorts to make “amateur porn,” not running a prostitution business.
Trial evidence indicated that over two decades, Combs paid male entertainers to engage in “freak-offs,” days-long, drug-fueled hotel parties at which Combs would watch and videotape as escorts had sex with his girlfriends. Accusers, including Combs’ ex Casandra “Cassie” Ventura, alleged these encounters were not always consensual, and were sometimes coerced through means of violence, threats of blackmail or drugs.
“Sean Combs has basically been convicted for using the services of a sex worker, and that’s just not really prosecuted anymore,” Agnifilo tells Variety. “The Mann Act is not supposed to be applied to the user of prostitution services. … It’s supposed to be used for people who make money from the business of prostitution.”
Putting it into layman’s terms, Agnifilo adds that the law is unfairly being applied to “a john, and not the pimp.” Thus, the defense believes Combs was put in “exceptional” circumstances that warrant his release from jail. The judge who presided over Combs’ trial has yet to make a decision.
The motion you filed this week presents many of the same arguments you made during the trial. Why do you think they could be received differently now?
On July 2, we got the verdict in the morning, and I made an application on the spot. I said there’s been a massive change in circumstances, now that he’s been acquitted of the sex trafficking and racketeering charges. The judge said, “I’m not going to do this on the spot, I want a briefing.” So we submitted a brief, but we didn’t have the chance to read 300 Mann Act cases between the time of the verdict and the [bail decision] later that day. So we said what was “exceptional” was his family circumstances — he has seven kids. The judge said that’s not exceptional. What I said on the spot was, “We can’t read all the Mann Act cases over a few hours.” And I told the judge, “We’re going to come back to you.” We’ve now had the time to review hundreds of Mann Act cases over several decades, and so our letter that we submitted this week is based on all of that work, which hadn’t been done during the trial because there’s just no reason to do it. The trial is about guilt or innocence, not about how the Mann Act applies historically.
The judge denied bail in large part due to Diddy’s history of domestic violence, which the defense admitted to throughout the trial. What did you make of the judge quoting you about his violence, and using the defense’s own words against you in justifying his decision?
I know why he did it. He wanted to take any dispute out of it. Our whole point, ever since the opening, is that [the violence] is just part of the facts in the case. We’re going to admit that. But the reason I don’t think it should be used to keep him in jail is all of this domestic violence — with one exception — is from 2018 and earlier. It’s not a recent vintage. The one incident from June 2024, the woman called “Jane” testified about it, and she was very clear. Jane provoked it. Jane knew that he was trying to get help. He got into a domestic violence program. He was attending classes. I spoke to his counselor, and I think he was doing well. And then the government arrested him. Obviously, they couldn’t do the program in jail. We hope he gets back out and starts to finish the hard work he started.
[Editor’s note: The pseudonymous accuser “Jane,” Combs’ girlfriend from 2021 until his arrest in September 2024, testified to one incident of violence that took place during their relationship. A few months before his arrest, Jane accused Combs of infidelity and allegedly shoved his head into a marble counter as he bent down to tie his shoes. Then, she began throwing candles and glass, before locking herself in a bedroom. Combs allegedly kicked down several doors, put her in a chokehold, and later punched, kicked and dragged her by the hair. He then instructed her to get dressed as he called a male escort over to the house for a “freak-off.” In closing arguments, prosecutors referred to this incident as “the most clear-cut example of sex trafficking in this case.” Throughout the trial, Combs’ lawyers admitted to his history of violence against women, but argued that it occurred on both sides and was not related to sex or “freak-offs” — thus it should not be considered evidence of coercion or sex trafficking.]
Do you feel that Diddy received a fair trial?
Yes. I think Judge Subramanian is a very fair judge, and he worked remarkably hard to give us as fair a trial as possible. This trial wasn’t perfect, because none is. But the judge did an outstanding job in being thoughtful, being careful, giving a lot of time to the parties. I can’t say enough good things about our judge. He’s a terrific person. And while no trial is perfect, just like no lawyer is perfect, I thought this one was pretty close.
How is Diddy doing in jail? Do you speak with him every day?
Every day. I’m going to see him now, as soon as I hang up with you. He misses his kids. He’s learned a lot. His time in jail — nearly 11 months now — has given him the ability to reflect and consider his life and look at all the blessings he’s been given: his seven children, the fact that he’s still close with the mothers of his children, the life he’s been given. His view is: “Have I lived up to the blessings I’ve been given?” And I think his conclusion is: “Not in every aspect of my life have I lived up to those blessings.” What he wants to do when he gets out is to start small. He wants to spend time with his children and get reacquainted with his own life.
One of the horrible things about the MDC [Metropolitan Detention Center, where Combs is held in Brooklyn] is not going outside ever. He hasn’t been outside since September. He hasn’t had sun on his skin. It’s sort of like sensory deprivation. The light’s always the same, it’s artificial light, there’s no breeze, there’s no wind, there’s very little change in temperature. So, he wants to get out and be with his family.
Is he planning to work on music again?
I think those things are way down the road. He’s a man who made something out of nothing once, when he was a much younger man. And this situation gives him the chance to make something special out of his life. One of the things he tells me — and this is his exact phrase — is: “I have more to give.” I don’t think he’s looking at life selfishly. He looks at life as a gift he’s been given, and he wants to live it to the fullest. The work that he didn’t do in his early 20s, I think he’s going to do it now. Sometimes — not all the time — he looks at [these consequences] as a blessing. Like, this gives me a chance to be a complete person and to work on the things that are lacking in me. My goal is to get him out of jail and help him do that. I hope we’re in each other’s lives forever and that I can be a positive influence for him.
Does he socialize with the other inmates?
Socializing is a funny thing. I think he spends a lot of time thinking. So many people say, “The worst thing I could do is spend too much time with myself.” That’s what jail is. It’s difficult, and sometimes that’s necessary. We spent a tremendous amount of time preparing his defense. He’s a remarkably smart man and was a valuable teammate in his own defense. So, we worked on his case for 20 hours a day every day, and he was at the center of it. Now, he doesn’t have as much emphasis on the case, so he’s been spending time on himself. He’s been doing a lot of writing. He writes essays, some of which I think are beautiful and poignant and thoughtful. He’s trying to pass the time productively. He’s trying to start programs for the inmates in jail. Unlike other prison facilities, there are almost no programs at the MDC. So, these men and women have nothing but time on their hands.
How likely is a pardon from Donald Trump? Have you been in communication with the administration?
I am not involved in that in the least. I have literally no idea. There are times I think there’s nothing to it, and there are times I think it’s just rumor mill stuff. But, I do not purport to know the president’s mind. I really don’t know.
So, seeking a pardon is not an official part of this legal strategy.
No. My end of the business is very focused on the case alone — the merit of the case and what happened in the courtroom. I don’t do anything else.
Two weeks after the Diddy verdict, lead prosecutor Maurene Comey was fired by the Justice Department without explanation. How did you react to that, and have you spoken to her?
I haven’t spoken to her. It made me sad. I like Maurene. I think Maurene is a very good lawyer. She was my adversary in the case, obviously, but we had a lot of respect for each other. We were happy to have met each other. I knew her father [James Comey] very well. It was sad because she wants to be a career prosecutor, and the fact that she’s not going to be permitted to do that because of things that I think have nothing to do with her… it’s very unfortunate.
Do you think her dismissal was related to the Diddy case?
I don’t. Listen, I have no idea, but I don’t think so.
What was your relationship with the prosecutors like, in general?
It’s funny, we actually got along really well with them. When there was downtime, we would hang out and talk. It wasn’t one of these adversarial situations. I don’t tend to do that, maybe because I was a prosecutor for a long time. The system works better if the lawyers respect each other. And we really respected each other here. I’m sorry to see Maurene go. She’s a good lawyer, and she represented her client, the United States, well. Not only in this case, but in other cases.
Last week, Diddy’s X account posted and then quickly deleted the eyes emoji, which of course sparked headlines. Does he have access to social media from jail, or do you know who is posting for him?
This is the first I’m hearing of this. Eyes? Like, your eyes?
Just the emoji of two eyeballs, yes.
Honestly, this is the first I’m hearing of it. I don’t know. He doesn’t have access to social media, I don’t think.
I wrote at length about the circus surrounding the courthouse during the Diddy trial. What did you make of the hubbub?
Good question. What was interesting about it, to me, is how the crowd outside the courthouse changed as the trial went on. Toward the end, they were very supportive of the defense. Sometimes they’d clap when I got to court, and no one has clapped for me arriving anywhere since July 2. So, I don’t know if I miss it, but I notice that’s not happening anymore.
This interview has been edited and condensed.