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The legal representatives of Sean “Diddy” Combs have made a compelling case for his immediate release from incarceration, asserting that his notorious freak-off tapes fall under the category of amateur pornography, not criminal acts. This argument was presented during an appeal session before a trio of federal judges in New York on Thursday.
Leading the defense, attorneys Alexandra Shapiro and Nicole Westmoreland, put forth this unexpected claim, suggesting Combs was subjected to an unfair trial the previous year and advocating for his release based on First Amendment rights.
Combs’ defense maintains that the 56-year-old was unjustly found guilty under the federal Mann Act, which prohibits the interstate transport of individuals for unlawful sexual activities. They argue that the recordings in question are a form of amateur pornography, safeguarded as free expression by the U.S. Constitution.
The legal team contends that these “freak-offs” and hotel escapades were elaborately staged sexual performances, complete with costumes, role-playing, and professional lighting, crafted for the purpose of creating amateur footage for Combs and his partners’ personal viewing, as reported by the Daily Mail.
“Freak-offs and hotel nights were highly choreographed sexual performances involving the use of costumes, role play, and staged lighting, which were filmed so Combs and his girlfriends could watch this amateur pornography later,” his lawyers argued, per the Daily Mail.
“Pornography production and viewing of this sort is protected by the First Amendment and thus cannot constitutionally be prosecuted,” Combs’ legal team added.
Combs’ attorneys also argued that Judge Arun Subramanian, who oversaw the case and sentencing, improperly relied on “acquitted conduct,” which refers to when a judge considers behavior associated with charges a defendant was acquitted of.
His team demanded the troubled record exec’s “immediate release” and requested the judge “grant a judgment of acquittal” or “vacate and remand for resentencing.”
Combs was convicted of transportation for prostitution in July 2025 following his September 2024 arrest on charges of racketeering conspiracy, sex trafficking by force, fraud or coercion, and transportation to engage in prostitution.
While a single charge carries a maximum of 10 years in prison per count, Combs was convicted on two counts. However, he was acquitted of the higher racketeering and sex trafficking charges.
He was sentenced in October 2025 and moved from the Metropolitan Detention Center in Brooklyn to a low-security federal prison in Fort Dix, New Jersey, that same month.
Judge Subramanian told Combs that his punishment would mean “hard time in prison, away from your family, friends and community” during the imprisoned music mogul’s sentencing hearing, but added that Combs “will have a life afterward.”
“Mr. Combs, you’re being sentenced for the offenses of conviction, not the crimes he was acquitted of,” the judge continued. “However, under law, the court ‘shall consider’ the nature of the offense and characteristics of the defendant.”
As Page Six previously reported, Combs’ release date was pushed up from June 4, 2028, to April 25, 2028, last month.
The surprising development came after Combs was accepted into a drug-abuse rehabilitation program in November 2025, which may often lead to shorter prison sentences.
“Mr. Combs is an active participant in the Residential Drug Abuse Program and has taken his rehabilitation process seriously from the start,” a rep for Combs said in a statement at the time.
They added, “He is fully engaged in his work, focused on growth and committed to positive change.”
Combs had previously had his release date pushed back from May 8, 2028, to June 4, 2028, after he allegedly violated multiple prison rules.