Federal prosecutors have argued that Sean "Diddy" Combs should not receive a new trial. They stated that there was "more than a sufficient basis" to uphold his conviction on two counts related to the transportation of individuals for prostitution. This argument was made in a court filing responding to a defense motion submitted on July 31, which sought either an acquittal or a new trial for Combs.

Combs was acquitted on July 2 of more serious charges, including racketeering and sex trafficking. However, his legal team requested that the judge dismiss the prostitution-related counts. They contended that the Mann Act, the federal law under which Combs was convicted, was misapplied in his case. The defense argued that the evidence supporting the conviction was insufficient and claimed that "spillover prejudice" from the evidence related to the acquitted charges was inflammatory.

The Mann Act criminalizes the act of knowingly transporting individuals across state lines for the purpose of prostitution or sexual activity that violates federal or state laws. While Combs does not dispute hiring male escorts, his attorneys argued that his actions did not violate the Mann Act. They claimed he lacked a commercial motive and intended only to observe and record sexual encounters involving his girlfriends, which they described as "freak-offs." They asserted that this behavior is protected under the First Amendment.

In their 58-page response, prosecutors countered that the law does not differentiate between voyeurism and profit. They stated, "He transported escorts across state lines to engage in Freak Offs for pay. He directed the sexual activity of escorts and victims throughout Freak Offs for his own sexual gratification. And he personally engaged in sexual activity during Freak Offs."

Prosecutors provided details about the "freak-offs," which were described by former girlfriend Cassie Ventura and another ex-girlfriend, referred to as "Jane." These encounters reportedly occurred in various locations, including New York, Miami, Los Angeles, Atlanta, Las Vegas, Ibiza, and Turks and Caicos.

The filing noted that escorts traveled to these events with Ventura and Jane, and that Combs was involved in arranging their travel, often using a travel agent or escort service. Combs is scheduled to be sentenced on October 3.