OK- now US v. Sean Combs bail fight. Inner City Press asked US Attorney Damian Williams if seeks to detain; he: Yes. Coverage below, support:
Venmo: [at] Matthew-Lee-675
Sean Combs is now sitting at the defense table in a black shirt, with two US Marshals standing behind him. His lawyer is Marc Agnifilo. Prosecutors' table is full...
All rise! Judge Robyn F. Tarnofsky presiding!
Assistant US Attorney Emily Johnson intros other AUSA.
Agnifilo: We represent Sean Love Combs, here beside me.
Judge: Mr. Combs, you have been charged with certain crimes in an indictment
[Here: patreon.com/posts/indictme…
Judge: You have a right be represented by a lawyer for this proceeding and any questioning by authorities. The indictment has three counts: racketeering conspiracy including sex trafficking, forced labor, bribery, arson and obstruction of justice...
Judge: Victim-1 was forced to engage in sex acts... You are charged with knowingly transporting an individual to engage in prostitution. Counsel, have you received a copy?
Agnifilo: Yes.
Judge: Mr. Combs, how do you plead?
Combs: Not guilty.
Magistrate Judge Tarnofsky: Has Judge Carter set a conference date?
AUSA Johnson: Yes, Tuesday September 24 at 10 am.
[The first day of the UN General Assembly fwiw]
Judge Tarnofsky: I exclude Speedy Trial Act time until then. We will have a detention hearing
AUSA Johnson: These crimes carry a maximum sentence of life in prison or death. There is a risk of flight, and that the person will obstruct justice or attempt to intimidate a witness. This is a presumption case, based on sex trafficking.
Judge Tarnofsky: Mr. Combs, the government bears the burden of establishing that you are a danger to the community. Government?
AUSA: The defendant Sean Combs abused victims for decades. He used the vast resources of his company to commit and cover up his crimes.
AUSA: Pre-Trial Services agrees he should be detained, after interviewing him. Now he's facing significant charges, with mandatory prison time. We request an order of detention. We submitted a detailed letter this morning
[Here: patreon.com/posts/detentio…
AUSA: He set up freak-offs, forcing sex and masturbating during it. He also filmed some of them. He stocked the room with narcotics so that female victims would continue, for multiple days
AUSA: The defendant committed other physical assaults, kidnapping and arson. He surrounded himself with and use firearms, including the three defaced AR-15s we seized, one in LA, two in Miami in his bedroom closet
AUSA: The indictment charges bribery and obstruction of justice. Let me give an example: March 5, 2015 at the Intercontinental Hotel in LA, disclosed in May of this year. This incident is critical: it is a recorded example of his use of force
AUSA: The victim sought to leave a freak-off & she assaulted her. When hotel security was helping the victim leave the hotel, the defendant attempted to bribe the officer with a handful of cash. The guard refused to be bought. The defendant tried to get the video
AUSA: The video disappeared from the hotel's server. It's not a coincidence. The cover up continued for another seven years. There was a civil suit in mid November 2023 that detailed this assault at the Intercontinental. The defendant denied it, called it lies
AUSA: We fast forward to the video being publicized - then the defendant admitted he was involved in this assault. It is clear you cannot believe him when he denied things. Make no mistake: March 5 is just one example. There are numerous assaults: chocking...
AUSA: This freak-off activity is core to this case. The risk of danger in this case is acute. There has been spontaneous violence - so it is difficult to craft any conditions for release. It's this longstanding pattern of abuse, entirely undeterred
AUSA: Witnesses we have interviewed have universally expressed fear. The defendant has contacted witnesses who received grand jury subpoenas; he contacted at least one victim. This constant contact with witnesses - on Sept 10, a week ago, Dawn Richard sued...
AUSA: Before a Sept 14 statement by Ms. Harper, the defendant called her 54 times in one day. Some of the way in which the defendant contacts witness and victims are meant to evade - he uses intermediaries
AUSA: The defendant cannot overcome the presumption. On obstruction, courts have revoked bail in this Circuit: Lafontaine, feeding a false narrative.
[And SBF? Book, will aim to do one here: amazon.com/dp/B0CMJF66XR
AUSA: R. Kelly was detained.... Jeffrey Epstein was detained, on conduct going much further back in time.. Keith Raniere, detained on all three grounds, even though the violence was committed by others. His incentive to flee changed when he was arrested last night
AUSA: The defendant is a wealthy man, it allows him to flee quickly and without detection. His counsel have taken steps to minimize flight risk, to set him up for the argument made today. But then his incentives were entirely different. He flew to NY 2 weeks ago
AUSA: He had what appear to be narcotics, found in his hotel last night. Pink powder, that have previously tested positive for Ecstasy and other drugs. This is a heartland detention case. His package is woefully inadequate, it only focuses on flight risk
AUSA: The Government has spoken to over 50 witnesses; we have sworn out warrants for cloud accounts. The search have yielded 90 cell phones and 30 other devices including a surveillance system. The freak-offs are corroborated. 300 Grand Jury subpoenas...
AUSA: The defendant poses a danger to these proceedings, through obstruction. He should be detained pending trial.
Judge: Mr. Agnifilo?
Agnifilo: I'm going to address the Government's letter. But first - on September 5, Mr. Combs flew to New York
Agnifilo: We could tell an indictment was coming in the Fall, from our meetings with the prosecutors' chiefs. My client flew to New York. I told the prosecutors, I'd like him to have the opportunity to turn himself in
Agnifilo: We got involved in this case in March 2024. We've been doing our own investigation. On March 13 I reached out to my colleagues at US Attorney's Office and asked to meet. The November 2023 lawsuit, seems connected - it got attention, they read the papers
Agnifilo: After the raids, we took Mr. Combs passport, on April 1. After that, any time he traveled domestically, we told the prosecutors. A trip to graduations in California. Another one for white water rafting. We wanted to build trust, to surrender
Agnifilo: The March 25 raids were frightening - lasers pointed at his children, they were marched out of the front of the house, with news reporters and helicopters. Handcuffed for two hours, completely innocent. We did not want that to happen again
Agnifilo: Mr. Combs flew to New York to say, You want me, I know you want me. Here he is. We were worried that he had an airplane. We said, we have to sell it. There is a financial management company that deals with these issues. We're trying
Agnifilo: Why are we trying to sell the plane? It's not our first rodeo. The plane, someone else is using it, from LA to Teterboro, tonight. Just my luck. I wouldn't have the temerity to come here and ask for freedom if I didn't have the passports
AUSA: There's one victim in Count 2, the sex trafficking charge. Mr. Combs wrote a very large check to someone he was in a relationship with for ten years. People got in line for their checks. I had no idea: 12 victims? I didn't know. I'm happy there's only one
Agnifilo: This case, we think, is eminently manageable. Pre-Trial Services says he has a criminal record. But he was acquitted. He is ready to do that again. What is Mr. Combs doing in NY? He's here for treatment and therapy
Agnifilo: Mr. Combs is not a perfect person. These toxic relationships were mutual. Now he is trying to be better for the rest of his days. If there's one thing we've seen, we should stand with people who are trying to get the help they need
AUSA: Somehow this hotel footage found its way out. I wonder how that happened. We didn't have it. The government had it. It got out, on a day Donald Trump didn't have any court proceedings. Mr. Combs saw it and issued an apology. He wanted to do it
Agnifilo: Two people were in a hotel room. An issue that Mr. Combs had more than one girlfriend, okay? Victim-1 was looking through his phone and saw that - then hit him in the head with a cellphone, and took his clothing. So he comes out in a towel
Agnifilo: These two people were in love. Victim-1 ended up marrying the trainer that Mr. Combs got for her. They had been cheating on each other for years. But now she had two kids with the trainer. Years later, she realized she had a good thing with Mr. Combs
Agnifilo: She has her lawyer call his lawyer and say, She has written a book. But if you want to buy the rights, you'll have the rights, for $30 million. We have a recorded conversation. It did not go well for her and the lawyer. November 2023, she sues
Agnifilo: When he contacts witnesses, it's not to stop a criminal investigation, it's to not be seen that one. Why is it depicted as a one sided thing? There's 30 million reasons, a dollar a piece. She said, I'm going to write a book, you can buy the rights.
Agnifilo: This Dawn Richard lawsuit, and Ms. Harper, from the same band. The lawsuit says, He did a couple of inappropriate thing. Ms. Harper said, That was not my experience. That is not intimidation. It's divergent recollections. There's nothing wrong with that
Agnifilo: I'm not even sure Dawn Richard is a witness in this case. My client hasn't done a darn thing.... We have interviewed at least six of these males, we asked did it seem non consensual, anyone too drunk or too high, they all said No
Agnifilo: Is it sex trafficking if everyone wants to be there? No. We don't want the Federal government in our bedroom. The kidnapping? We spoke to the victim, she didn't use that word to us. One day it may be heard. Mr. Combs employs a security company.
Agnifilo: Mr. Combs has nothing to do with how guns are kept in his house. He needs security, in the sections of LA and Miami he lives in. Did they do it wrong? Not for us to say. Not his gun. R. Kelly? That involved children. They cannot consent.
Agnifilo: Jeffrey Epstein? Children. Keith Raniere? Children. We have a substantial bail package. Some family members are here. They love him. A $50 million bond, secured by a $48 million piece of property. On August 20, we paid off the $18 million mortgage
Agnifilo: One day we're have a fair trial. We have substantial defenses to each of these charges. Mr. Combs is handling this head on. He's become a punching bag. He's build businesses from scratch. He father was killed when he was 2 years old. He earned all of it
Agnifilo: Mr. Combs has earned this court's trust. I have nothing else to say.
Judge: Ms. Johnson, any rebuttal?
AUSA Johnson: Defense counsel has his critique of law enforcement. But he has not rebutted the presumption that the defendant should be detained
AUSA: Three days after the November 2023 lawsuit, the defendant is recorded saying he doesn't want to talk on the phone, it might be tapped. He uses armed security - with defaced AR-15s stored in the defendant's personal closet? Absurd.
AUSA: For the record, we are proceeding on a theory of lack of consent, that she was coerced to participate in those sex acts.
Judge: He wouldn't be a danger, would he, if he only engaged in these behaviors with consenting adults?
AUSA: We have the hallway video
Agnifilo: This is a slippery slope. The Government is going to say she was coerced - she had to say that to go for the $30 million. We have a serious bail package. I hope your Honor can see that Mr. Combs has done things to show that he is trustworthy.
Agnifilo: I am asking you to trust me. I have my eye on him. We speak 5 times a day. I want to thank Your Honor.
Judge Tarnofsky: Thank you. I am going to take a short recess and invite Pre-Trial Services to join me in the robing room.
[Judge leaves the courtroom
[With Judge out of courtroom with Pre-Trial Services rep, Combs is sitting at defense table with Agnifilo, who is gesturing in front of him. ...
Judge is back.]
Judge: In this case - oh sorry, counsel's not here. My apologies.
[Prosecutors file back in, to the front table]
Judge: Mr. Agnifilo, do we need to wait for your partner?
Agnifilo: I really appreciate it.
Judge Tarnofsky : In this case I find the presumption has not been rebutted
[So, Sean Combs will be detained]
Judge: There was been significant violence, and weapons around. Also coercion of witnesses even gentle coercion can be effective. The type of behavior we're talking about happens behind closed doors. I think your family members for coming, but I cannot release him
AUSA: For the record, Mr. Combs was arrested at 8:25 pm last night. Judge: Thank you. We are adjourned.
[Coverage will continue: if like and can, support:
Venmo: [at] Matthew-Lee-675
[In high-ceilinged Courtroom 110, Sean Combs is at defense table, still in black shirt (not MDC tan uniform). Two US Marshals seated behind him.
Waiting on Judge Andrew L. Carter...
All rise!
Government?
AUSA Emily Johnson: The freak-offs were elaborate. They began in 2009 and extended into this year. These freak-offs were arranged with his entourage. The defendant used narcotics so that the victims would continue: ketamine, GHB and others
OK - now at antitrust hearing on FTC lawsuit to try to stop merger of Tapestry ( Coach, Kate Spade) and Capri (Michael Kors) in "accessible luxury" handbag market. Why is US not (also) challenging Capital One - Discover proposal? Inner City Press will live X below
FTC lawyer: There is an accessible luxurt market, according to Tapestry own internal documents. The 2023 DOJ Merger Guidelines uses HHI or the Philadelphia National Bank. This proposal violates both, and would have violated the 2010 Merger Guidelines.
FTC lawyer: The court will hear from Mr Kors himself. Michael Kors is not a failing brand. Tapestry wants its data - it would scramble the eggs. This merger would harm working class and middle class women
OK - now Trump / E. Jean Carroll appeals argument here in 2d Circuit. Inner City Press wrote book about the Carroll trial and will live tweet, thread below amazon.com/dp/B0CTFPXKGM
All rise!
Judge: You may proceed.
Trump's lawyer: This case is a textbook example of implausible allegations being propped up by inflamatory claims. The plaintiff has a political story, funded by President Trump's enemies
Judge: We defer on factual issues
Trump's lawyer: The Access Hollywood tape should never had come in -
Judge: In some cases, propensity evidence is allowed.
Trump's lawyer: But not here.
Judge: If defendant put his hand up her skirt, why wouldn't that qualify?
Trump's lawyer: Look at Rogers case
OK - now at "Team Kennedy" [RFK Jr] vs NYS case, 4 stories below where Trump says he'll be on Friday at 10 for E Jean Carroll appeal. Here, courtroom full of people in RFK Jr T-shirts, posters left downstairs, Inner City Press will live tweet, thread below
[Still awaiting judge, here's a closer shot of RFK Jr posters that were left at the courthouse door
@MatthewLeeICP @sdnylive All rise!
Judge: It seems there is no dispute Mr Kennedy collected enough signature. But he is challenging the Constitutionalityof the other requirement, being taken off the ballot. I'll give counsel time to think about it
#Breaking: Accused Egypt spy Pierre Girgis is here in SDNY on no public notice, to plead guilty. His Federal Defender says he'll waive PSR. Inner City Press has covered the case from the start
and will live tweet, thread below innercitypress.com/sdny9egyptspyu…
#broken2:
Judge: I understand this is a plea to a misdemeanor [!]
See, e.g., beyond Inner City Press,
According to DOJ Girgis "tracked and obtained" information about Egyptian President Abdel Fattah el-Sisi's political rivals.independent.co.uk/news/new-york-…
Judge: I went 11 years without taking a misdemeanor plea... There is no need to waive indictment. How old are you?
Girgis: 42
OK - now at sentencing of man for stealing mail with Arrow key - and also drug dealing and gun. There are 4 victim letters, but no victim here to speak. Inner City Press as only media here will live tweet, thread below
Judge: The guideline is 87 to 108 months.
AUSA: He stole poor people's stimulus checks. He dealt in Arrow keys all over.
Defense lawyer: Judge, we tried a case against each other in 1988 in EDNY. I find you no nonsense
Defense: Later I saw the memo about a kilo for $17,500. You don't hear much about that. His car only had three grams of crack-
Judge: A low level drug dealer perhaps aspiring to be more.