Detailed Summary of "The Stephen A. Smith Show" Featuring Ellie Honig: Diddy's NDAs and Supreme Court Implications

Release Date: November 5, 2024

In this engaging episode of The Stephen A. Smith Show, host Stephen A. Smith sits down with CNN Senior Legal Analyst Ellie Honig to delve into two pressing topics: the legal implications of P. Diddy's non-disclosure agreements (NDAs) amidst his ongoing legal battles, and the potential ramifications of the upcoming presidential election on the United States Supreme Court.

1. Understanding P. Diddy's NDAs and Their Legal Efficacy

Ellie Honig initiates the discussion by addressing recent reports from TMZ about attendees of P. Diddy's parties being required to sign NDAs. This revelation has sparked speculation about whether these agreements could influence the outcome of Diddy's criminal case.

Stephen A. Smith expresses skepticism regarding the protective power of NDAs in criminal proceedings:

[02:34] Stephen A. Smith: "I don't think they're going to do him much, if any, good in his criminal case."

He elaborates that while NDAs are standard in corporate settings to prevent individuals from speaking out against organizations, they hold limited sway in the face of criminal investigations. NDAs cannot override the obligations to testify or provide evidence in court:

[03:15] Stephen A. Smith: "You cannot avoid testifying in a grand jury, testifying at a criminal trial, turning over evidence by saying, well, I was a guest at one of these events and I signed an NDA."

Ellie Honig concurs, emphasizing that courts prioritize public policy and the integrity of criminal proceedings over private agreements:

[04:24] Ellie Honig: "Would this be a bad idea? And the One thing that NDAs absolutely cannot overcome is a criminal investigation."

The conversation highlights that while NDAs can deter individuals from making public statements that could harm reputations, they offer no shield against legal obligations in criminal cases.

2. Recent Developments in P. Diddy's Legal Challenges

The discussion shifts to the influx of civil lawsuits alleging sexual assault and harassment against Sean "Diddy" Combs. Stephen A. Smith notes that these additional claims could introduce more witnesses into the criminal case:

[09:40] Stephen A. Smith: "There's been a slew of civil lawsuits... If you conclude as a prosecutor, well, 3, 2, 18 of these new people are credible, they get added to your case."

Ellie Honig explains the prosecutorial process of vetting new allegations, suggesting that credible additional claims could strengthen the prosecution's position:

[10:00] Ellie Honig: "Prosecutors are going to check that person out... Can I back it up? Can I corroborate it against other evidence?"

This surge in allegations underscores the challenges Diddy faces, potentially broadening the scope of the legal battle against him.

3. Presidential Election Outcomes and the Future of the Supreme Court

Transitioning to the broader political landscape, Ellie Honig and Stephen A. Smith examine how the upcoming presidential election could reshape the Supreme Court. With the current composition at six conservative and three liberal justices, the election outcome holds significant implications.

Stephen A. Smith outlines two primary scenarios based on the election result:

• Scenario A: Donald Trump Wins

  • Potential retirement of justices like Thomas and Alito, leading to the appointment of younger, conservative justices who could shift the court's balance further to the right.
  • [14:27] Stephen A. Smith: "If Donald Trump wins that majority is two things are going to happen...new conservatives who are given precedent, 45, 50 years old..."

• Scenario B: Kamala Harris Wins

  • Possibility of liberal justices like Sotomayor retiring, allowing for the appointment of younger, liberal justices, thereby balancing the court.
  • [15:10] Stephen A. Smith: "If Kamala Harris wins, then we might see Justice Sotomayor, who's the oldest of the three liberals... we could see the same thing."

Additionally, Stephen A. Smith highlights the significance of Clarence Thomas potentially becoming the longest-serving justice in U.S. history:

[15:50] Stephen A. Smith: "Clarence Thomas is about to begin his service as a Supreme Court justice in the 10th presidential administration... he will become the single longest serving justice in US history."

The conversation underscores the enduring impact of presidential appointments on the judiciary and the long-term trajectory of the Supreme Court.

4. Conclusion and Key Takeaways

The episode concludes with Stephen A. Smith and Ellie Honig reaffirming the limited role of NDAs in criminal cases and the profound influence of presidential elections on the judicial landscape. The insights provided offer listeners a comprehensive understanding of the intersecting realms of entertainment law and constitutional governance.

Notable Quotes:

• Stephen A. Smith:

  [05:31] "Corporations enter into NDAs all the time... Sometimes it just says we get to sue you for damages."

• Ellie Honig:

  [08:07] "Eventually they absolutely will if they're going to testify at trial... prosecutors ensure these individuals are protected."

• Stephen A. Smith:

  [07:01] "You just, you don't even look. Yeah, sure, I agree. You know, these people are often... So I think there's going to be some problem enforcing these NDAs anywhere."

This episode of The Stephen A. Smith Show offers a nuanced exploration of legal strategies in high-profile cases and the intricate dynamics of the Supreme Court's future, providing listeners with valuable perspectives on pivotal national issues.