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September 25, 2025 • 16 mins

We are waiting for the judge in the Diddy trial to rule on whether the convictions against the rap mogul should be thrown out, based on the defense’s claim that Diddy was an amateur porn consumer, not a pimp who paid prostitutes.  Amy and T.J. discuss the color in the courtroom today and explain how the First Amendment played a crucial role in Diddy’s hearing.

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Speaker 1 (00:01):
Hey, folks. It is Thursday, September the twenty fifth, and
the question being asked in court today is it prostitution
if you paid to watch two other people have sex.
Welcome to this episode of Amy and TJ and Rose.
This is where we are. Diddy has not been in
that court room since his conviction in July. He was

(00:23):
in there today making an argument for why his conviction
should be thrown out and key to it, what exactly
is prostitution?

Speaker 2 (00:30):
Now, I'm curious about this concept. Did the lawyers get
into this the way they did today in this hearing
during trial? Are they trying a new tactic out so
to speak, to undo the convictions that did go down.

Speaker 1 (00:46):
Part of the argument is he was not convicted of
the harsher countclose other three harsh counts. That means that
the jury doesn't think he was guilty of that stuff.
It means these chargers wouldn't even exist. If he's not
guilty of that stuff, these charges shouldn't even be here.
That's one of the arguments that they are making. So

(01:06):
they tried to make the case during the trial through
witness testimony and whatnot. Here is a case where now
they are putting it on paper in emotion, and today
they got in court. So to get you caught up, folks, Yes,
Sean Diddy Combs was in court today. He did have
a hearing that wrapped up a little while ago as
of this recording, but it went about ninety minutes and
his lawyers and the prosecution were making an argument. Their

(01:26):
motion is that they think his convictions for transportation to
engage in prostitution should be thrown out, and they've asked
the judge to do so. We are on standby as
we sit here, Robes. He was very vague about when
we were going to hear.

Speaker 2 (01:43):
From you, did he say? Shortly? A decision very shortly,
and it has to be very surely. We don't know
if that means within thirty minutes, a couple hours tomorrow,
but it has to be within a certain amount of
time because his sentencing hearing is set exactly a week
from today, where we will find out if this doesn't work,
If this option doesn't work for Diddy, just how long

(02:06):
will he have to serve behind bars? So, yes, it's timely, indeed,
and yeah, very shortly is tough to nail down.

Speaker 1 (02:14):
Yeah, it could be today, it could be overnight tomorrow
and we don't know. But if we hear from this judge,
I mean, it's okay. You've read more about the legal
experts than I have, and most of them are saying
not a chance in hell right correct.

Speaker 2 (02:26):
Everyone says this is a hail Mary is how it's
being described, and if you're a football fan, you know
exactly what that means. But it's that last past to
see if you can suddenly score a touchdown when no
one was expecting you to. Everyone thought you were gonna lose,
and suddenly bam.

Speaker 1 (02:41):
It's unlikely, but sometimes it works.

Speaker 2 (02:42):
And the reason why everyone says it's so unlikely is
because they're looking at this judge's past behavior, his past decisions,
and they all have. He has stated very clearly that
he believes that Shawan Didtycombs is a violent man, is
a dangerous man, and that is why he denied him bail,
and he is been very consistent in making those types
of statements and the decisions that follow.

Speaker 1 (03:04):
We've lost how many times the count of how many
times they have tried to get this man out of jail.
They have come up with, we will do anything you want, judge,
including the fifty million, put any security anything you want.
Every time he has said we cannot guarantee, based on
his behavior that he is not a threat to society
or to people in his world.

Speaker 2 (03:23):
And we made the comment the last time we did
a full podcast on this when he was trying to
get bail waiting for the sentencing date next week? Didn't
they use this same argument for why so the reason
why they thought he should be allowed out on bail,
I feel like sounds a little similar to why now
they believe his conviction should be tossed out because they're

(03:45):
talking about the Man Act and that that is the
reason why he was convicted, and it was unfair. It's
a misuse of the law to prosecute him under these charges.

Speaker 1 (03:56):
Say, in modern times now this has mainly been used
for people who are benefiting from the prostitution, benefiting financially,
in other words, a pimp for lack of a better term.
So why is it this guy should he be going
to prison for years for prostitution He didn't benefit from financially,

(04:19):
and he also did not participate physically. He didn't have
sex with anybody. He gave money to correct.

Speaker 2 (04:25):
The other thing that's so interesting in what we heard today.
So we've been hearing a lot about the First Amendment. Right,
We've been hearing a lot about the First Amendment when
it comes to Charlie Kirk, when it comes to Jimmy Kimmel.
The First Amendment has come up now in this argument
to set Ditty free because they say that these videos
that he made were basically amateur porn videos and that

(04:49):
they were his expressive content. So this is a violation
of his First Amendment rights to basically say he wasn't
allowed it is illegal for him to making these videos
of people he paid to have sex.

Speaker 1 (05:03):
I am you know, I'm I'm glad to see the
First Amendment having its moment where.

Speaker 2 (05:08):
It's been a hell of a week for the First Amendment.

Speaker 1 (05:09):
We're discussing it quite a bit late night comics and
medium moguls who are possibly going to prison for a
prostitution is what we're dealing with. It's fascinating to hear
that the law is fascinating. But yes, to think that
the argument for did he not going to prison is
that it could possibly be a violation of his First
Amendment right, that is amazing.

Speaker 2 (05:30):
I feel like that's a bit of a stretch for me.
But you know what, I wasn't in a hearing to
hear all the details. And these are the most brilliant
lawyers that money can buy, and they'd certainly proven to
be that. But that was a that was a my
eyebrows raised a little bit when I was reading about that.

Speaker 1 (05:46):
But the judge, I mean, there were a lot of
questions he gave, like several hypotheticals about prostitution today. Here
you go. This is when he was taking on the prosecutors.
The judge asked them, so, wait a minute, what if
a porn producer hires a couple actors, flies them in

(06:06):
and then films them having sex and they get paid,
are they also violators of the Man Act? Now? The
response from the prosecutor was, well, that's a totally different
set of circumstances. It's different. But that is essentially what
the defense is saying, Yeah, he paid some people to
come perform, and they perform their duty.

Speaker 2 (06:28):
For his personal amateur porn collection.

Speaker 1 (06:30):
Yes, to be watched later. That is kind of a
simple A how about this? A legal simpleton like me
can make sense of that argument the way he put it.

Speaker 2 (06:41):
I can too, because look, we have said this time
and time again following this trial so closely that if
they had just or if whoever wanted to bring the
charges had filed charges against him for domestic assault, domestic battery,
these charges would have stuck. They would have made sense.
He admitted to them. What they decided to do was

(07:02):
go for these big charges with these longer prison sentences,
and now they're having to explain their way out of it,
and there is some it makes sense that there is
some legal potential legal loopholes for the defense to poke
holes in at least and to say, hey, they're trying
to say all this. But in a sense, all he
was doing was sexually gratifying himself by making videos of

(07:23):
other people who were having sex together. He wasn't involved,
but he was watching, he was recording. He set it
up like a movie set, I mean, he was producing it.
He wanted a lot of baby oil, he wanted he
had very specific needs that he wanted for things to
look a certain way, to be a certain way.

Speaker 1 (07:43):
That was part of the argument. He stayed clearly, he
was trying to film something and there was a performance.
This was role playaging something. God's the argument, and in
doing so he had every right to do so, and
if you want to put him in prison for it,
it's a violation of his First Amendment rights he has
protected under the Constitution to make freak off videos. Guys,
is a good country. It's an amazing country when you

(08:05):
think about that. Yeah, aside from all the other stuff
we're talking about, we're not talking about the violence here
and in all of.

Speaker 2 (08:10):
This, because that's not what the charges are, not what
the convictions were.

Speaker 1 (08:14):
On, not what we're talking about. But they want to
make the argument that yes, he was only they might
be lesser charges, but they are aggravating circumstances that we
all know about, and that is what the judge has
signals he's going to take into account.

Speaker 2 (08:26):
And Babe, we were having this conversation earlier because I
was looking at several news reports that were basically saying
that in this hearing today, the defense is setting up
their arguments for the sentencing that they're asking for next week.
So all of this will be taken into account. Even
if the judge decides, and we expect him to decide

(08:47):
not to give Diddy at least, or to throw out
the charges, or even to give him a new trial
still what we heard today in court will likely be
applied towards his sentencing.

Speaker 1 (09:01):
Again, would you say, the best legal team in the country,
they know what they're doing. Even if we lose this,
it's going to help us win or lessen what happens
next week. So next week, I mean, this is sweetheart.
This is a huge divergence in what they're asking for
in terms of his prison time. The defense is asking

(09:23):
for as little as possible. Fourteen months, he's served thirteen already,
homeboy be out, maybe even by Halloween.

Speaker 2 (09:29):
I think they said, with credit for time served or
for good behavior, sorry good behavior that actually he could
walk out that day.

Speaker 1 (09:36):
Potentially good behavior. It counts right. It's cutting a little up.

Speaker 2 (09:39):
And they went into long discussions about how great he's been,
how stellar of an inmate he's been, how he's setting
up these classes for inmates to learn how to be
businessmen and how to do good and be better and
make their own money when they get out of prison.
So they were showing what he's done in prison, what
he's done behind bars, not just good behavior, but he's
been a leader in all the right ways behind bars.

Speaker 1 (10:01):
All that stuff was important and doesn't make you remember
the Menindez brothers who were denied right getting out, and
so much came up about their conduct in prison. Everybody was, Oh,
they've been model prisoners.

Speaker 2 (10:13):
Turns out they weren't.

Speaker 1 (10:14):
Yeah, the Parobo, you did this, you did all that
little stuff matters, And if it's true that he has
been a model prisoner, the judge may very well and
can take that into account. Good job. Again, this is
part of the legal strategy as well. Whoever his lawyers
were from day one. They say, Yep, you're going to
jail today. You need to behave and be the best
you can every single day because it's going to matter

(10:35):
down the road.

Speaker 2 (10:36):
Yes, and here we are now, and if you do
have someone planning ahead, I mean, that does make a
huge difference in terms of how the judge is going
to view how long you have to continue behind bars
at this point. So, yes, they want fourteen months, which
would essentially mean he would walk next week, give or
take a few weeks or so. But the defense initially sorry,

(10:56):
the prosecution initially said they wanted five to six years.
But now they're being coy about it. We don't know.
They haven't actually filed the paperwork to say exactly how
much longer they'd like him to serve, but it has
been rumored and I've seen multiple reports that the prosecutors
are going to ask for even longer, that they want
an even longer sentence than the five to six years

(11:17):
that they had initially discussed a couple months ago. There
now it seems as though they may ask for even more.

Speaker 1 (11:24):
What is about to happen rogues. All of this, folks,
right now is on the table. He could be he
could have those convictions tossed as at any moment and
get out of prison. He could have those convictions stand
but still next week be sentenced and still walk right

(11:45):
out of prison. Or he could be sentenced and be
in jail for the next seven years.

Speaker 2 (11:51):
Or he could also get a new trial.

Speaker 1 (11:53):
Yeah, that's what they're asking for as well.

Speaker 2 (11:55):
So there are four potential outcasts.

Speaker 1 (11:58):
But we will know very shortly. But we do want
to tell you, folks, stay here. We're going to take
a beat, but we want you to hear a little
color from the courtroom today and also what Diddy allegedly
said to his family about his future.

Speaker 2 (12:17):
And welcome back to this edition of Amy and TJ,
where we are talking about Sean Dittycomb's hearing today in court,
and yes, we talked about what's at stake. We know
what the defense is asking for. We're waiting for the

(12:37):
judge who could come out at any moment now and
tell us his decision and what's on the table. Will
they throw out the charges against him, will they give
him a new trial? If neither one of those things
goes forward, then we have sentencing next week. So either way,
we're going to get some big developments here today, within
the next couple of hours, maybe tomorrow, and certainly next week.
But what happened today, we haven't seen Didty in three months,

(13:01):
and it was a big deal to see him come
out in court today with a big smile. He was
described as having a big smile on his face when
he walked into that courtroom this morning.

Speaker 1 (13:10):
This was a big day. He knows this is wrapping
up and he is going to know his fate. I mean,
the the ups and downs of this. I mean, look,
nobody's looking at him and thinking he is a victim
or feel sorry for him, and I understand that, but
you remember the day the verdicts were read. That was
a day he could have found out he was going
to possibly go away for life. But the news he

(13:35):
heard was so good with the two convictions. Remember he
dropped to his knees. Yes, thank you Jesus, all these things.
And then they thought he might get out of jail
that day. They did big no, so he had to stay.
That's a disappointment. So now here he is again. With
all these options. He really could be out of there
in no time, or he might have another five, six,

(13:56):
seven years.

Speaker 2 (13:57):
But he seemed I mean maybe he you know, I'm
sure you have a lot of time to work on
your mental health and to work on your spiritual health.
And so he seemed to be very positive, not just smiling,
but waving to his family and friends. He didn't speak
today during the hearing, but he was blowing kisses to
his family. At the end, he told his mother how

(14:18):
beautiful she looked today. And he did have some final
parting words for the family and friends who came out
to see him.

Speaker 1 (14:25):
And this is looks what the reporters in the room
say that he did say to his family, quote, thank
you all for coming. I love you all so much.
Every hour, every day is me getting closer to going home.
I've got some big plans for us, and that is
from the reporters in the room. What he said to
his family as he was exiting. I guess so what

(14:48):
that means. That's curious, But he I think sick. Yeah,
six kids that were in the court today. He had
a big showing of family today.

Speaker 2 (14:57):
And it's interesting because that is an extreme positive way
and a positive message to his family, a positive way
to phrase what he's looking at and what his future
may look like. But you'd think his lawyers would be
giving him some indication as to what they think might happen.
You'd think they'd give him some level of expectation. Maybe

(15:17):
they'd tell him we have no idea. I mean, I'm
curious what they're saying to him to keep him or
at least to help give him some hope at this point.

Speaker 1 (15:26):
Manage expectations or me, I want you to tell me
the worst case scenario. Don't give me too much hope
and this thing. But why wouldn't he I mean, he's
gotten this far and by all accounts, this was a
victory for his defense team. To go from facing life
to possibly getting out in a little over a year
of serving time after all of this is pretty remarkable.

(15:49):
So we are on stand by. We'll stay on stand by.
Look up, the judge comes out and says something will
hop back on as necessary. We want to give you
this update, and we haven't done a Diddy update, I know,
in a while. Right back up, right, this was so
much of our lives from a month and a half
it felt like. But now this is wrapping up for real.

Speaker 2 (16:06):
But this is going to be huge either way, and
we'll find out more about what Diddy's fate looks like.
And look after he said I'm coming every day, every
hour and coming closer to home. He said, don't worry
about nothing, no matter what it is, I'm going to
deal with whatever it is. So that gives you a
sense of his state of mind, that he is at
a place of acceptance, hopeful acceptance is what it sounded

(16:28):
like to me today from Sean Ditty Cums.

Speaker 1 (16:30):
All right, well, folks, we always appreciate you hanging with
us for my dear Amy Robot. I'm TJ. Holmes. We'll
talk to y'all soon.
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