Caller (4:00)

I have a question regarding the difference between domestic violence and what he's actually being accused of, which is, as you described, a pattern of coercion and violence and fraud, et cetera. What is the criteria or precedent for that? Like, is there a certain number of times that they would have to show as a prosecution that Citi did partake in these same things, hiring people, bringing them across state lines? Maybe I don't know what really counts, or is it just what the jurors think?

Brian Buckmire (4:37)

Great question. So this is for the defense at least the heart of this case. Now, domestic violence is a form of violence or aggressive behavior, typically between intimate partners, spouses, girlfriend, boyfriend, people who have been or are currently in an intimate relationship with one another. Sex trafficking is a very specific form of abuse. It's the action or practice of, of transporting people from one area to another or one country to another for the purpose of sexual exploitation to have freak offs, as the government is arguing here. And so are there elements of domestic violence that bleed into sex trafficking? Absolutely. But sex trafficking is not domestic violence. Domestic violence is a broader category in some respects than sex trafficking. It's like saying domestic violence is a vehicle and sex trafficking is an suv. The sex trafficking does, in many instances, especially if you're dating the person, have the exact components of domestic violence. It's just sex trafficking is a much more exact way of describing what's going on. All right, next question. Karen from Jacksonville, Florida, asked this question about Cassie.

Caller (5:52)

A lot of this case boils down to consent. And I'm curious as to why the prosecution has not really focused on the fact that she was his employee or that she had an ongoing open record contract with him and how that might have played into her participation in, you know, these activities. So I'm just curious to know your thoughts on that. And was she an employee of his? And how does that play into, or could it play into the prosecution's case?

Brian Buckmire (6:31)

So, Karen, I think that's a very interesting question. I understand why you're saying it's about consent, because the defense said if it's domestic violence, it's not trafficking. It's only trafficking if X, Y and Z. And so really, the case is predicated on Sean Combs intent. If he intended to harm Cassie simply for the purposes of harming her and not for the purposes of using force, fraud, or coercion to traffic her across state lines, then it's not trafficking. I think the consent aspect comes in in terms of was she a willing participant of these freak offs that are alleged to have been forms of sex trafficking or was she a victim at all? So I think the reason why the government isn't really talking about the employment aspect of it is because they're focusing on Sean Combs intent, what he wanted of Cassie, because she could be an employee who was trafficked.

Caller (7:21)

She.

Brian Buckmire (7:21)

She could not be an employee who was trafficked. But great question. I like it. This next question is from Sandy from Atlanta, Georgia.

Caller (7:28)

My question is, after this trial, can Diddy still be brought up on charges of domestic violence? Since they keep bringing up that point throughout the trial, I'm just curious if he can still be charged later on with that.

Brian Buckmire (7:40)

When Sean Combs attorneys say that he could be guilty of some crimes, but not the ones he's being accused of, they're for the most part pointing to state charges of assault or battery, sexual assault, or things of that nature. And so it's unlikely that those charges will be brought against Sean Combs because either one, the statute of limitations has expired, or two, those are not federal charges, those are state charges. And that's not the arena that he's in. So similar to the Intercontinental video where we saw Sean Combs beating and hitting Cassie, he cannot be charged in the state of California for that because the statute of limitations has expired. And for most allegations of domestic violence outside of rape in the first degree, the statute of limitations for those charges are anywhere from two to 10 years, again, depending on what you mean when you say domestic violence. So it's highly unlikely that those charges could be brought against John Combs, even more so in a federal setting, because there would have to be some sort of interstate commerce or traveling over state lines for the feds to bring those charges. Just ahead, more answers to the questions that are top of mind for you in the trial of Sean Diddy Combs.

Nordstrom Ad Voice (8:57)

Summer's here and Nordstrom has everything you need for your best dress season ever, from beach days and weddings to weekend getaways in your everyday wardrobe, discover stylish options under $100 from tons of your favorite brands like Mango, Silver, Princess Polly and Madewell. It's easy too, with free shipping and free returns in store order pickup and more. Shop today in stores online@nordstrom.com or download the Nordstrom app.

Brian Buckmire (9:26)

She's made up her mind to live pretty smart, Learn to budget responsibly right from the start. She spends a little less and puts more into savings Keeps the blood pressure low. Boring money moves make kind of lame songs but they sound pretty sweet to your wallet. BNC bank brilliantly boring since 1865.

Ryan Reynolds (9:56)

Ryan Reynolds here from Mint Mobile with a message for everyone paying Big wireless way too much. Please, for the love of everything good in this world, stop with Mint. You can get premium wireless for just $15 a month, of course, if you enjoy overpaying. No judgments. But that's weird. Okay, one judgment anyway. Give it a try@mintmobile.com Switch upfront payment.

Sponsor Voice (10:18)

Of $45 for 3 month plan equivalent to $15 per month required intro rate first 3 months only, then full price plan options available, taxes and fees extra.

Nordstrom Ad Voice (10:25)

See full terms@mintmobile.com.

Brian Buckmire (10:31)

And we're back with more of your questions. We got another question from a fellow attorney by the name of Clint, and he lives in Missouri. Let's take a listen.

Caller (10:41)

Hey Brian, in the jurisdictions that I practice, jurors can't request testimony and deliberation. So I'm curious if in SDNY or.

Brian Buckmire (10:48)

In front of this judge, that's something that they'll be able to do is to request the actual testimony as opposed.

Caller (10:53)

To having to rely on their notes.

Brian Buckmire (10:56)

Great question, Clint. And just to give people some background, when Clint and I talk about testimony, let's say, for example, Cassie's testimony is so early on that by the time jurors start deliberating, they might actually forget what she said. Now they are taking copious notes, but notes are only so good. From my experience and my understanding, I've never argued a trial in front of this judge before, but in the sdny, you are able to not only one ask for read backs. So let's say they say, what did Cassie say about the Intercontinental video? They could have that testimony read back to them while in court. But I've also seen judges in the Southern District of New York give them the minutes, the typed out version of what a witness said, and give it to them in the deliberation room to evaluate or give them the still shots of the freak offs to evaluate in the deliberation room. So both have been done in the Southern District of New York. All right, this next question we have is about the makeup of the jury.

Caller (11:53)

Hey, Brian, I'm Atia Brown from Chicago, Illinois. Okay, here's my question. You told us the gender of the jurors. You even told us their ages, but you didn't tell us their ethnicities. What are they? Black, white, Hispanic? I'd love to know.

Brian Buckmire (12:09)

So the difficulty about talking about people's race when it comes to jury selection is for the most part, and in this case, people don't self identify their race. At least I've never seen on a jury questionnaire, what is your race? And I know out of the 31 questions on this questionnaire, they did not ask, what is your race? They would say, for example, my name is Brian buckmire. I am 36 years old. I am an attorney who lives in Brooklyn, New York. And so those identifiers we can give you now, it'd probably be very clear to know what my race is based on looking at me now, I can speculate who is white or who is Hispanic. I can probably tell you who is of Asian descent. But I would say this. Walk onto a New York City subway and you tell me who is Puerto Rican, Dominican or Irish. Sometimes it's very clear to tell. Other times, based on complexion and the way that they look, it's somewhat difficult. So, yeah, that's just some of the difficulties of identifying race in a jury. Our last question for today has been on a lot of people's minds. I have seen this one on social media, buzzing around, and I'm so happy to be able to tackle it today.

Caller (13:19)

Hello, you got Chad coming to you from Jupiter, Florida. Got a question from Brian Buckmire and the Bad Rap Team. So basically, if President Trump feels that this is an inappropriate use of the RICO statute and Puff Diddy Combs was an abuser, but not part of a racketeering conspiracy or that he trafficked anyone, could Puff Daddy or P. Diddy be pardoned or have his sentence commuted if convicted?

Brian Buckmire (13:51)

Great question, Chad. But actually it's much shorter. President Trump doesn't have to give an explanation for it. He simply has the power to pardon or commute anyone's sentence. And he doesn't even have to wait until after a conviction. We theoretically could not have a trial tomorrow if President Trump just said, you know what? I want to pardon him. It's possible. Commuting the sentence is different than a pardon. So let's say Sean Combs is convicted. He is set to serve life in prison. President Trump can say, you know what? I only want it to be five years. I want it to be 10 years. I want it to be released today. He can commute the sentence down to whatever he wants. It is a federal prosecution, and that's why the President of the United States has that power to do so and doesn't really have to give a justification. And while we haven't heard anything official, there is some reporting from Rolling Stone that some within Diddy's camp has sought out the possibility a pardon from the President. As we were recording the podcast, we asked ABC's political team to check with the White House to see what they could find out about the possibility of a pardon. They spoke with a source who said that a pardon for Diddy is not being considered. Alright, that does it for this episode of Bad the Case Against Diddy. Thanks to everyone who's called in with a question. That number again is 646, 3221. We also have it in our show Notes. If you appreciate this podcast, please share it and give us a rating on Apple Podcasts or Spotify. It helps other people find it. If you're looking for even more coverage of the Diddy trial, you can check out Burden of the Case Against Diddy. The show Streams weekdays at 5:30pm Eastern on ABC News Live. You can also find it on Disney, Hulu or on most of your favorite streaming apps. The Case Against Diddy is a production of ABC Audio. I'm Brian Buckmire. Thanks for listening. Switch is back. Alright, get tickets now. Look, I got a dog. To the movie event of the summer. Mm, yeah, Rough. Everybody else, this Friday. The summer starts with Stitch.

Caller (16:17)

Adorable little psychopath.

Brian Buckmire (16:18)

Stitch is back. All right. Disney's Lilo and Stitch, rated pg. Parental guidance suggested only in theaters Friday. Get tickets now.

Ryan Reynolds (16:28)

Hey, it's Brad Milke. This week on the Crime Scene Weekly, we're talking about a mom who gained national attention for faking her own kidnapping. Sherry Papini is back in the spotlight, but now she's changing her story and trying to change her custody arrangement with her kids. Listen to the latest from the case on the crime Scene weekly.