NEW YORK (AP) — A May 5 trial date was set Thursday in Sean “Diddy” Combs'sex trafficking case, and a prosecutor argued that the jailed hip-hop mogul's lawyers were trying to exclude a “damning piece of evidence” by claiming it was leaked by the government.
Assistant U.S. Attorney Emily Johnson struck back against the defense's claims during Combs' first appearance before Manhattan federal court Judge Arun Subramanian, who will preside over his trial. Combs' mother flew in from Florida for the proceeding, sitting behind him with his children and other family members in the courtroom gallery.
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In this courtroom sketch, Sean "Diddy" Combs defense attorney Marc Agnifilo, left, addresses the judge while Combs, seated second from right, in prison uniform, watches in Federal court, in New York, Thursday, Oct. 10, 2024. Combs' new defense attorney, Anthony Ricco is seated far right. (Elizabeth Williams via AP)
In this courtroom sketch, District Judge Arun Subramanian is shown on the bench at the hearing for Sean "Diddy" Combs, in Federal court, in New York, Thursday, Oct. 10, 2024. (Elizabeth Williams via AP)
Gloria Allred exits Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Attorney Marc Agnifilo for hip-hop mogul Sean "Diddy Combs, speaks to the members of media as he exits Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Attorney for Sean "Diddy" Combs, Anthony Ricco, speaks to the members of media as he exits Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Janice Combs, right, King Combs, center, and D'Lila Combs and Jessie Combs, twin daughters of Sean "Diddy Combs, exit Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
In this courtroom sketch, Sean "Diddy" Combs defense attorney Marc Agnifilo, left, addresses the judge while Combs, seated second from right, in prison uniform, watches in Federal court, in New York, Thursday, Oct. 10, 2024. Combs' new defense attorney, Anthony Ricco is seated far right. (Elizabeth Williams via AP)
In this courtroom sketch, Sean "Diddy" Combs, left, upon entering the courtroom hugs his attorney Anthony Ricco prior to the hearing in Federal court in New York, Thursday, Oct. 10, 2024. (Elizabeth Williams via AP)
Attorney Marc Agnifilo, center, and Teny Geragos, right, for Sean "Diddy Combs, arrive at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
King Combs, center, arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Justin Dior Combs arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
D'Lila Combs and Jessie Combs, center, twin daughters of Sean "Diddy Combs, arrive at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Gloria Allred arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Attorney Marc Agnifilo, center, and Teny Geragos, right, for Sean "Diddy Combs, arrive at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Attorney Marc Agnifilo, left, and Teny Geragos, right, for Sean "Diddy Combs, arrive at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Janice Combs, right, mother of Sean "Diddy Combs, arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
King Combs, center, arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Janice Combs, right, mother of Sean "Diddy Combs, arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Johnson took issue with the defense lawyers' argument in a submission late Wednesday that the U.S. Department of Homeland Security leaked a video to the media of Combs punching and kicking his former protege and girlfriend, the R&B singer Cassie, in a Los Angeles hotel hallway in 2016.
Combs' lawyers said the video, aired by CNN in May, and other alleged government leaks “have led to damaging, highly prejudicial pretrial publicity that can only taint the jury pool and deprive Mr. Combs of his right to a fair trial.”
But Johnson urged the judge to see through the defense claims, calling them “baseless and simply a means to try to exclude a damning piece of evidence” from the trial.
“Not a single one of those alleged leaks are from members of the prosecution team,” Johnson said.
Still, Subramanian told defense lawyer Marc Agnifilo to write a proposed order that he would sign instructing lawyers on both sides to comply with rules prohibiting them from publicly disclosing information that could taint a jury.
The prospective order would also restrict what both sides can publicly say about the case — something Johnson said was necessary after Agnifilo characterized Combs' indictment in a TMZ interview last month as a “takedown of a successful Black man.”
Combs, 54, has pleaded not guilty to racketeering conspiracy and sex trafficking charges alleging he coerced and abused women for years with help from a network of associates and employees while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.
Johnson reasserted that the indictment could be updated to add charges or defendants.
Combs, wearing a beige jail jumpsuit, was more engaged and animated during Thursday’s hearing than he had been at two earlier court appearances. When he entered the courtroom, he gave a hearty hug to each of his lawyers and smiled as he spoke with them.
During the proceeding, he turned to attorney Anthony Ricco and whispered in his ear, as Johnson spoke about electronic materials seized from his residences and from him during his arrest.
Ricco said outside the courthouse afterward that Combs is making the best of a difficult situation.
“Dr. King called it the law of unintended consequences,” he said, referring to civil rights leader Martin Luther King. “Sometimes the more you push a person down, the stronger they get.”
Johnson said 96 electronic devices were seized in raids in March on Combs’ residences in Miami and Los Angeles and at an unspecified private airport in Florida. She said another four devices were seized when Combs was arrested last month.
She said eight devices seized in Miami contained over 90 terabytes of information, which she labeled as “extraordinary” as she explained delays in extracting some information for technological reasons.
The judge said Combs can return to court in December unless lawyers agree that hearing is unnecessary.
Much of the hearing featured arguments by lawyers about what is needed to protect an eventual jury from bias, highlighted by Johnson's claims about the hotel video.
After the video was broadcast, Combs posted a social media video apologizing, saying: “I was disgusted when I did it” and “I’m disgusted now.”
Responding Wednesday night in a court filing to defense claims that the federal government had leaked the video to CNN, prosecutors told the judge that the government was not in possession of the video before it was aired on CNN.
After the video aired, Combs apologized, saying, “I was disgusted when I did it.” His lawyers have described the episode as a lovers’ quarrel. In Combs' indictment, prosecutors allege he tried to bribe a hotel security staffer to stay mum about the video.
Combs’ lawyers have been trying unsuccessfully to get the Bad Boy Records founder freed on bail. He has been held at a federal jail in Brooklyn since his Sept. 16 arrest.
Two judges have concluded that Combs would be a danger to the community if he is released from the Metropolitan Detention Center, a facility that has been plagued by violence and dysfunction for years. At a bail hearing three weeks ago, a judge rejected a $50 million bail package, including home detention and electronic monitoring, after concluding that Combs was a threat to tamper with witnesses and obstruct a continuing investigation.
In the meantime, Agnifilo said: “We're making a go of the MDC. The MDC has been very responsive for us.”
In an appeal of the bail rulings to the 2nd U.S. Circuit Court of Appeals, lawyers for Combs on Tuesday asked a panel of judges to reverse the bail findings, saying the proposed bail package “would plainly stop him from posing a danger to anyone or contacting any witnesses.”
They urged the appeals court to reject the findings of a lower-court judge who they said had “endorsed the government’s exaggerated rhetoric and ordered Mr. Combs detained.”
In this courtroom sketch, District Judge Arun Subramanian is shown on the bench at the hearing for Sean "Diddy" Combs, in Federal court, in New York, Thursday, Oct. 10, 2024. (Elizabeth Williams via AP)
Gloria Allred exits Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Attorney Marc Agnifilo for hip-hop mogul Sean "Diddy Combs, speaks to the members of media as he exits Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Attorney for Sean "Diddy" Combs, Anthony Ricco, speaks to the members of media as he exits Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Janice Combs, right, King Combs, center, and D'Lila Combs and Jessie Combs, twin daughters of Sean "Diddy Combs, exit Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
In this courtroom sketch, Sean "Diddy" Combs defense attorney Marc Agnifilo, left, addresses the judge while Combs, seated second from right, in prison uniform, watches in Federal court, in New York, Thursday, Oct. 10, 2024. Combs' new defense attorney, Anthony Ricco is seated far right. (Elizabeth Williams via AP)
In this courtroom sketch, Sean "Diddy" Combs, left, upon entering the courtroom hugs his attorney Anthony Ricco prior to the hearing in Federal court in New York, Thursday, Oct. 10, 2024. (Elizabeth Williams via AP)
Attorney Marc Agnifilo, center, and Teny Geragos, right, for Sean "Diddy Combs, arrive at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
King Combs, center, arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Justin Dior Combs arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
D'Lila Combs and Jessie Combs, center, twin daughters of Sean "Diddy Combs, arrive at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Gloria Allred arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Attorney Marc Agnifilo, center, and Teny Geragos, right, for Sean "Diddy Combs, arrive at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Attorney Marc Agnifilo, left, and Teny Geragos, right, for Sean "Diddy Combs, arrive at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Janice Combs, right, mother of Sean "Diddy Combs, arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
King Combs, center, arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
Janice Combs, right, mother of Sean "Diddy Combs, arrives at Manhattan federal court, Thursday, Oct. 10 2024, in New York. (AP Photo/Yuki Iwamura)
The battlefield is narrowing and the timeline is tightening in a congressional redistricting contest among states seeking a partisan advantage ahead of the November midterm elections.
Virginia voters on Tuesday approved a constitutional amendment authorizing a Democratic redistricting plan that could help the party win several additional House seats in this year’s elections. Next up could be Florida, where lawmakers are to begin a special session April 28 for a Republican attempt at congressional redistricting.
Voting districts typically are redrawn once a decade, after each census. But President Donald Trump triggered an unusual round of mid-decade redistricting last year when he urged Texas Republicans to redraw House districts to give the GOP an edge in the midterm elections. California Democrats reciprocated, and redistricting efforts soon cascaded across states.
So far, Republicans believe they could win up to nine additional seats in states where they have redrawn congressional districts while Democrats think they could gain up to 10 seats elsewhere because of redistricting. But that presumes past voting patterns hold in November. And that’s uncertain, especially since the party in power typically loses seats in the midterms and Trump faces negative approval ratings in polls.
Democrats need to gain just a few seats in November to wrest control of the House from Republicans, potentially allowing them to obstruct Trump’s agenda.
Current map: eight Democrats, 20 Republicans
Proposed map: Republican Gov. Ron DeSantis has called a special legislative session to begin April 28 on congressional redistricting. Republicans haven't yet publicly released a specific plan.
Challenges: The state constitution says districts cannot be drawn with intent to favor or disfavor a political party or incumbent.
New U.S. House districts have been adopted in seven states since last summer. Five took up redistricting voluntarily, one was required to by its state constitution and another did so under court order.
Current map: 13 Democrats, 25 Republicans
New map: Republican Gov. Greg Abbott signed a revised House map into law last August that could help Republicans win five additional seats.
Challenges: The U.S. Supreme Court in December cleared the way for the new districts to be used in this year’s elections. It put on hold a lower-court ruling that blocked the new map because it was “racially gerrymandered.”
Current map: 43 Democrats, nine Republicans
New map: Voters in November approved revised House districts drawn by the Democratic-led Legislature that could help Democrats win five additional seats.
Challenges: The U.S. Supreme Court in February allowed the new districts to be used in this year’s elections. It denied an appeal from Republicans and the Department of Justice, which claimed the districts impermissibly favor Hispanic voters.
Current map: two Democrats, six Republicans
New map: Republican Gov. Mike Kehoe signed a revised House map into law last September that could help Republicans win an additional seat.
Challenges: A Cole County judge ruled the new map is in effect as election officials work to determine whether a referendum petition seeking a statewide vote complies with constitutional criteria and contains enough valid petition signatures. The Missouri Supreme Court rejected a lawsuit claiming mid-decade redistricting is illegal. It's scheduled to hear arguments in May on claims the new districts violate compactness requirements and should be placed on hold pending the potential referendum.
Current map: four Democrats, 10 Republicans
New map: The Republican-led General Assembly gave final approval in October to revised districts that could help Republicans win an additional seat.
Challenges: A federal court panel in November denied a request to block the revised districts from being used in the midterm elections.
Current map: five Democrats, 10 Republicans
New map: A bipartisan panel composed primarily of Republicans voted in October to approve revised House districts that improve Republicans’ chances of winning two additional seats.
Challenges: None. The state constitution required new districts before the 2026 election, because Republicans had approved the prior map without sufficient Democratic support after the last census.
Current map: no Democrats, four Republicans
New map: A judge in November imposed revised House districts that could help Democrats win a seat. The court ruled that lawmakers had circumvented anti-gerrymandering standards passed by voters when adopting the prior map.
Challenges: A federal court panel and the state Supreme Court, in February, each rejected Republican challenges to the judicial map selection.
Current map: six Democrats, five Republicans
New map: Voters approved a constitutional amendment authorizing new U.S. House districts backed by Democrats that could help the party win up to four additional seats.
Challenges: The state Supreme Court allowed the referendum to proceed, but it has yet to rule whether the effort is legal. The court is considering an appeal of a Tazewell County judge’s ruling that the amendment is invalid because lawmakers violated their own rules while passing it.
Governors, lawmakers or partisan officials pushed for congressional redistricting in numerous states. In at least five states, those efforts gained some initial traction but ultimately fell short in either the legislature or court.
Current map: seven Democrats, one Republican
Proposed map: The Democratic-led House in February passed a redistricting plan backed by Democratic Gov. Wes Moore that could help Democrats win an additional seat.
Challenges: The legislative session ended in April without the Democratic-led Senate voting on the redistricting plan. The state Senate president said there were concerns it could backfire on Democrats.
Current map: 19 Democrats, seven Republicans
Proposed map: A judge in January ordered a state commission to draw new boundaries for the only congressional district in New York City represented by a Republican, ruling it unconstitutionally dilutes the votes of Black and Hispanic residents.
Challenges: The U.S. Supreme Court in March granted Republicans' request to halt the judge’s order, leaving the existing district lines in place for the 2026 election.
Current map: two Democrats, seven Republicans
Proposed map: The Republican-led House passed a redistricting plan in December that would have improved Republicans’ chances of winning two additional seats.
Challenges: Despite pressure from Trump to adopt the new map, the Republican-led Senate rejected it in a bipartisan vote on Dec. 11.
Current map: one Democrat, three Republicans
Proposed map: Some Republican lawmakers mounted an attempt to take up congressional redistricting.
Challenges: Lawmakers dropped a petition drive for a special session on congressional redistricting in November, after failing to gain enough support.
Current map: 14 Democrats, three Republicans
Proposed map: The Democratic Congressional Campaign Committee in October proposed a new U.S. House map that would improve Democrats’ chances of winning an additional seat.
Challenges: The Democratic-led General Assembly declined to take up redistricting, citing concerns about the effect on representation for Black residents.
A mug holds pens at the Culpeper County Voter Registration office during the early voting period in the Virginia redistricting referendum, Friday, April 3, 2026, in Culpeper, Va. (AP Photo/Julia Demaree Nikhinson)
A sign supporting the Virginia redistricting referendum stands among flowers Friday, April 3, 2026, in Madison, Va. (AP Photo/Julia Demaree Nikhinson)
Fairfax County Republican Committee members Harry Lowcock and Esmat Mostafaeithe wait to talk voters outside the Fairfax County Government Center during early voting for the Virginia redistricting referendum Friday, April 3, 2026, in Fairfax, Va. (AP Photo/Julia Demaree Nikhinson)
Voting booths are seen at the Culpeper County Voter Registration office during the early voting period for the Virginia redistricting referendum Friday, April 3, 2026, in Culpeper, Va. (AP Photo/Julia Demaree Nikhinson)