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All along, Diddy has been hoping to reduce the time on his prison sentence.
His lawyers are doing everything they can as they argue before the appeals court.
One of his arguments is that the judge improperly sentenced him.
Even more interesting is that they argue that their very limited conviction is unconstitutional, because “crazy” parties are an expression of the First Amendment.
Could it come out even earlier than planned?
TMZ reports that the disgraced rapper’s legal team is making a strangely compelling argument before a federal appeals court.
The argument is, at its core, pretty simple: that the few charges Diddy was convicted of, the “freak-offs,” are constitutionally protected activities.
Remember, the jury failed to find him guilty of the actual crimes, such as racketeering conspiracy.
Their convictions were for transporting sex workers “for purposes of processing.” That’s a crime under the Mann Act.
Diddy’s lawyers say the law doesn’t apply because the “freak-offs” were transformative works of art.
“The follies and hotel nights were highly choreographed sexual performances involving the use of costumes, role-playing and stage lighting,” his lawyers argue.
According to the lawyers, these were events “that were filmed so that Combs and his girlfriends could watch this amateur pornography later.”
His legal team notes: “The production and viewing of pornography of this type is protected by the First Amendment.”
The argument continues: “And therefore he cannot be constitutionally prosecuted.”
Prosecutors call these claims “baseless,” but the appeals court may find the case compelling.
His team also complains about his conviction
Despite the horrors presented in court, Diddy only received a 50-month sentence. This is because he was only convicted of the lesser of these charges.
His attorneys say a typical sentence for transporting people for sex work is 15 months.
(This is not the case to discuss but obviously sex work should be decriminalized).
For this reason, his team says that his sentence is excessive.
To date he has been 19 months old. It’s scary to think that even if the appeals court doesn’t bite, it could be out in less than two years!
According to the rapper’s defense, the judge’s sentence was out of place.
Because?
They say the judge considered evidence of Diddy’s much more serious charges when handing down the sentence.
Whether he likes it or not (and, really, who likes it besides the man himself), the jury acquitted him of extortion and trafficking.
Team Diddy doesn’t like the idea that the judge considered anything, including the horrific video of Diddy’s violent attack on Cassie Ventura, when sentencing their client.
What will the appeals court decide?
As we said before, sex work must be absolutely decriminalized. The government should not and should not tell people what to do with their own bodies.
And pornography, whether high art or simply filmed on a phone (or somehow both), is constitutionally protected and should remain so.
The appeals court will have to determine whether Diddy’s “crazy” parties qualify.
A useful tip may be that constitutionally protected performing arts are generally victimless. At least it’s not supposed to be that way.
But the rapper doesn’t convicted for anything involving a victim. The jury gave him a pass on each count in which he allegedly had a victim who was a woman or a sex worker. Only time will tell how the court will rule.
