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Sean Combs is denied bail and remains behind bars pending trial for sex trafficking

UPDATE, 2:09 p.m.: Sean “Diddy” Combs will remain behind bars until his trial for sex trafficking and other crimes, a federal judge in Manhattan decided today.

In a nearly two-hour appeal hearing at the Thurgood Marshall U.S. Courthouse on Wednesday, Judge Andrew Carter rejected the defense's proposal to release the oft-accused founder of Bad Boy Entertainment with a $50 million bail, regular drug testing, house arrest in Miami, no female visitation and other remedies.

As she did on September 17, Assistant U.S. Attorney Emily Johnson again represented the government, thwarting the defense's efforts. Essentially, the case was about both sides: the threat Combs posed to others and his past and perhaps future attempts to obstruct justice. “The irrefutable evidence makes it clear that you cannot take the defendant at his word,” Johnson said in the courtroom, with Combs sitting nearby.

Just before today's appeal hearing, the U.S. Attorney's Office filed a response to the defense's letter to Judge Carter this morning arguing for Combs' release. The feds cited the toxic trinity of “dangerousness, obstruction, and flight risk,” and stated, “In conclusion, it is important to note that within the first 24 hours of the release of this case, new concerns have already arisen regarding witness tampering and the interference with a fair trial based on the attempts of the defendant and his counsel to publicly discredit one of the victims” (read the U.S. Attorney's Office's opposition to Combs' defense's bail request here).

During his appearance at the podium this afternoon, defense attorney Marc Agnifilo promised that his client would raise a lot of money, isolate himself largely, stay clean and be surrounded by security guards who would prevent him from meeting with almost anyone except his family and lawyers. The proposed private security firm is Sage Intelligence, which is run by Harvey Weinstein's private investigator Herman Weisberg.

Agnifilo also promised that Combs would not have a smartphone or internet access, so he would not be able to contact witnesses or other people digitally.

Apparently this was not enough for Judge Carter. He praised the government's efforts and reasoning.

After months of federal investigations, raids and nearly a dozen civil lawsuits, Combs was arrested on Sept. 16 on charges of organized crime, sex trafficking and transportation for the purpose of prostitution. The 54-year-old rapper pleaded not guilty on Tuesday and could spend the rest of his life in federal prison if convicted.

Except for some additional arguments from the defense, the arguments presented before Judge Carter today are a repeat of yesterday's hearing before Judge Robyn F. Tarnofsky. At the end of that session, after a brief recess to confer with court officials, Judge Tarnofsky decided to keep Combs in the Metropolitan Detention Center in Brooklyn.

No trial date has yet been set for Combs on all three charges.

BEFORE, 11:44 AM: Ahead of a crucial hearing today, Sean “Diddy” Combs' lawyers are doing everything they can to get their client released on bail before a federal judge.

After failing to secure the release of the multi-accused “It's All About the Benjamins” performer and producer on Tuesday with the promise of $50 million bail and leaving a deal with prosecutors a pipe dream, Marc Agnifilo and Teny R. Geragos this morning attached further conditions to the “proposed bail package” offered by Combs for the period before the trial.

In a letter to Judge Andrew Carter (read the appeal letter against bail here), the two promise that if Combs is released, they will “limit female visitors to Mr. Combs's residence to family members or mothers of his children.”

In addition to the $50 million bail, “house arrest with GPS monitoring” and travel restrictions, Combs also promises to undergo “weekly drug testing” and have “no contact with known grand jury witnesses.” In addition, a private security company will keep a log of everyone entering and leaving Combs' primary residence in Miami, restricting access except to “family members, caretakers and friends who are not considered co-conspirators.”

RELATED: A Photo Timeline of Allegations and Charges Against Sean “Diddy” Combs

Federal authorities have alleged that Combs and his team used drugs heavily during their illegally filmed “freak offs” to weaken the resolve of reluctant participants. Part of the government's successful argument to Judge Robyn F. Tarnofsky yesterday to deny Combs bail was that the defendant “poses a persistent and substantial danger to the community” and has attempted to intimidate potential witnesses.

Today, as at Tuesday's two-hour hearing, the defense opposed the government's position. “Mr. Combs is entitled to gather witnesses to defend himself against the government's sex trafficking and organized crime allegations,” said Agnifilo and partner Geragos (yes, Teny Garagos is the daughter of renowned attorney and cable news pundit Mark Geragos). “As part of that defense, with his counsel's blessing, he subpoenaed potential defense witnesses to let them know that counsel would contact them to speak with them. Significantly, the government does not – and cannot – point to any conversation Mr. Combs had with any potential witness, given his knowledge of the criminal investigation in which he pressured each witness to change their testimony.”

Today's hearing for the defense and U.S. Prosecution before Judge Carter is scheduled for 12:30 p.m. PT/3:30 p.m. ET at the Thurgood Marshall U.S. Courthouse in Manhattan.

In this courtroom sketch, Sean Combs (seated right) looks toward his attorney Marc Agnifilo (left) as he makes his bail plea in Manhattan federal court in New York on Sept. 17, 2024. (Elizabeth Williams via AP)

Elizabeth Williams via AP

Combs was arrested on Sept. 16 on charges of organized crime, sex trafficking and transportation for the purpose of prostitution and pleaded not guilty on Tuesday. The 54-year-old self-proclaimed mogul, who faces 15 years to life in prison if convicted, is currently being held at Brooklyn's notoriously troubled Metropolitan Detention Center.

While it may seem incredible that a man facing nearly a dozen civil lawsuits for sexual assault and who was caught on LA hotel security camera beating the crap out of his ex-girlfriend Cassie Ventura in 2016 would rely on his character as an argument, that is exactly what Combs and his lawyers continue to do.

“Mr. Combs' history and character are best exemplified by the way he has responded to this investigation, from the beginning to his recent decision to travel to New York when his attorneys told him the case could begin soon,” today's bail appeal brief states. “He has never run from a challenge, and he will not run from this one. Instead, he takes these challenges head-on, facing them with confidence and with the certainty that the law is on his side. These are not just his attorney's words. Rather, Mr. Combs' actions over the past few months prove this conclusively.”

It should be noted that those actions in recent months included Combs' denial of all allegations against him. Those denials included, at least initially, those related to the allegations in Ventura's quickly settled lawsuit last November. Combs did not admit to wrongdoing until this spring, when brutal footage from eight years ago surfaced showing him blatantly attacking Ventura in a hotel hallway at the City of Angels.

“My behavior in that video is inexcusable,” Combs said in a short video response he posted on social media on May 19. “I take full responsibility for my actions in that video. I was disgusted then when I did it. I am disgusted now,” he added. What Combs did not publicly admit was the fact that he paid $50,000 for the surveillance footage the day after the heinous incident against Ventura to keep the whole thing under wraps.

Neither U.S. Attorney Damian Williams' office nor Combs' defense team responded to Deadline's call about this afternoon's bail hearing. If they comment, this post will be updated.