Diddy is arguing that the videos of his “freak-offs” the government is using in their case against him actually prove he’s innocent.
In a new letter filed on Tuesday (January 14), the embattled mogul’s defense team claims that the nine videos they’ve viewed show “private sexual activity between fully consenting adults in a long-term relationship” and also show Cassie “thoroughly enjoy[ing] herself.”
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They also allege that Cassie, who is referred to as Victim-1, “is evidently happy, dominant and completely in control.”
Arguing against the prosecution’s claim that the videos depict “elaborate and produced sex performances,” Diddy’s lawyers say it shows nothing of the sort and solely “adults having consensual sex, plain and simple.” They also say the tapes were not secretly recorded as alleged, nor were any minors or other celebs involved.
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Additionally, Diddy’s team claims Cassie kept the tapes herself and handed them over to the government, disputing the claim they were seized during the federal raids on his multiple homes and that he kept them for “collateral.”
The letter describes the tapes as “direct evidence undermining the ‘core’ of the government’s case,” a reference to prosecutors’ initial declaration that “Freak-off activity is the core of this case.”
Cassie’s attorney has not responded to TMZ‘s request for comment.
Last month, a judge rejected Diddy’s claim that prosecutors leaked the footage of him assaulting Cassie in 2016.
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Judge Arun Subramanian issued a ruling on December 16 denying the Bad Boy boss’ motion for an evidentiary hearing on “alleged government leaks of case information.”
“As to the Intercontinental Hotel video, Combs [Diddy] has not carried his burden to show that the government leaked it to CNN,” the judge wrote. “Combs argues that ‘the most likely source of the leak is the government,’ but he doesn’t point to any sound basis for this conclusion.”
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Judge Subramanian also said that prosecutors submitted evidence he reviewed privately that “presents compelling evidence that CNN’s source was not in fact the government.”
He added: “And importantly, nothing in CNN’s presentation of the video even hinted that the source was a government agent.”
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His ruling concluded: “The Court reminds the public that whether the government can prove Combs’ guilt in this case will turn on the evidence presented at trial, not in a ‘trial by newspapers.’”
In an October filing, Diddy and his lawyers accused the government of being behind various media leaks in the case, specifically the hotel security video of him attacking Cassie.
Puffy argued that the leaks were “planned and executed” by the Department of Homeland Security, the same agency that carried out the raids on his homes.
The filing also argued for the court to “forbid government attorneys and agents involved in the case from leaking any further information to the media.”
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The government vehemently denied being behind any leak, stating in a letter to the court that they were “not in possession of the video before its publication by CNN.”
