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All along, Diddy has been hoping to knock time off of his prison sentence.
His attorneys are trying their hardest as they argue before the appeals court.
One of their arguments is that the judge sentenced him improperly.
More interestingly, they argue that his very narrow conviction is Unconstitutional — because “freak-off” parties are First Amendment expression.
Could he get out even earlier than scheduled?
TMZ reports that the disgraced rapper’s legal team is presenting an oddly compelling argument before a federal appeals court.
The argument is, in essence, pretty simple: that the few charges on which Diddy was convicted, the “freak-offs,” are Constitutionally protected activities.
Remember, the jury failed to convict him of the actual crimes — like racketeering conspiracy.
His convictions were for transporting sex workers “for purposes of prosecution.” That is a crime under teh Mann Act.
Diddy’s attorneys are saying that the law doesn’t apply, because the “freak-offs” were transformative works of art.
“Freak-offs and hotel nights were highly choreographed sexual performances involving the use of costumes, role play, and staged lighting,” his attorneys arue.
According to the attorneys, these were events “which were filmed so Combs and his girlfriends could watch this amateur pornography later.”
His legal team notes: “Pornography production and viewing of this sort is protected by the First Amendment.”
The argument continues: “And thus cannot constitutionally be prosecuted.”
Prosecutors are calling these claims “meritless,” but the appeals court may find it a compelling case.
His team is also complaining about his sentence
Despite the horrors presented in court, Diddy only received a 50-month sentence. That is because he was only convicted of the least of these charges.
His attorneys say that a typical sentence for transporting people for sex work is 15 months.
(This is not the case on which to argue it but, obviously, sex work must be decriminalized.)
As such, his team says that his sentence is excessive.
To date, he has served 19 months. Scary to think that, even if the appeals court doesn’t bite, he could be out in less than two years!
According to the rapper’s defense team, the judge’s sentence was out of line.
Why?
They say that the judge considered evidence from Diddy’s much more serious charges in issuing the sentence.
Like it or not — and, really, who other than the man himself likes it — the jury acquitted him of racketeering and trafficking.
Team Diddy doesn’t like the idea that the judge considered anything, including the horrific video of Diddy’s violent attack against Cassie Ventura, when sentencing their client.
What will the appeals court decide?
As we said earlier, sex work absolutely must be decriminalized. The government should not, and must not, tell people what to do with their own bodies.
And porn — whether it’s high art or just filmed on a phone (or somehow both) — is Constitutionally protected, and must remain so.
The appeals court will have to determine whether Diddy’s “freak-off” parties qualify.
One helpful tip may be that Constitutionally protected performance art does not generally have victims. At least, it isn’t supposed to.
But the rapper wasn’t convicted for anything involving a victim. The jury gave him a pass for every charge where he allegedly had a victim who was a woman or a sex worker. Only time will tell how he court will rule.
