Clients Can Be Assholes

Summary

The Trial of Diddy: “Clients Can Be Assholes” – Episode Summary

Release Date: March 28, 2025

In the episode titled "Clients Can Be Assholes," hosts Kayla Brantley and Marjorie Hernandez delve deep into the tumultuous legal battles surrounding Sean 'Diddy' Combs. Joined by criminal defense attorney David Gelman, the discussion unpacks recent developments, courtroom strategies, and the intricate dynamics between high-profile clients and their legal representation.

---

1. Overview of Diddy's Legal Challenges

The episode opens with a stark portrayal of Diddy's fall from grace. Once a powerhouse in the music industry, Diddy now faces severe federal charges in New York, including sex trafficking, racketeering, and running a criminal enterprise. Marjorie Hernandez sets the stage by highlighting the gravity of the allegations:

“Now, the once untouchable hip hop mogul is fighting for his life as he faces multiple federal charges in New York, including sex trafficking and allegedly running a criminal enterprise.” (00:25)

Diddy maintains his innocence, pleading not guilty to all charges.

---

2. Dismissal of Little Rod Jones' RICO Claims

A significant portion of the discussion centers on the recent dismissal of producer Rodney Lillrod Jones' RICO (Racketeer Influenced and Corrupt Organizations Act) claims against Diddy. David Gelman elaborates on the judge's decision:

“The judge dismissed five of the eight counts... He really embarrassed the attorney for Little Rob, but he deserved to be embarrassed because if you can't figure that part out of the law, you probably shouldn't be practicing law.” (03:20)

Marjorie Hernandez provides context about Jones' allegations, which included claims of being trafficked and sexually harassed by Diddy. The dismissal of these claims raises questions about the strength of other ongoing lawsuits against Diddy.

“It could put into the microscope the other lawsuits or civil lawsuits that are out there.” (05:48)

Gelman cautiously predicts that while some lawsuits may be dismissed, it is unrealistic to expect all to follow suit.

---

3. Illegal Recording of Phone Calls with Kanye

The hosts bring attention to a controversial phone call between Diddy and Kanye West, where Diddy allegedly warned Kanye that people are out to get him. Gelman critiques the legality of the recorded conversation:

“It's illegal. You're not allowed to record things from jail.” (06:53)

He explains the potential legal repercussions for both parties involved in the unauthorized recording, emphasizing that such actions could further complicate Diddy's legal situation.

---

4. Withdrawal of Attorney Anthony Rico

A pivotal moment in the episode is the discussion about Anthony Rico, a high-powered attorney who recently withdrew from Diddy's legal team. Gelman explores possible reasons behind Rico's departure:

“When you step down from a case, there's usually one of two reasons... money not getting paid or client being difficult.” (10:10)

Kayla Brantley adds humorously:

“I actually specifically remember that you called this an attorney's wet dream because of how much money I did, they could potentially make from this case.” (10:51)

The withdrawal raises concerns about the stability and competence of Diddy's legal representation as the trial approaches.

---

5. Trial Preparation: Prosecution and Defense Strategies

With the trial slated to begin on May 5th, Gelman outlines the parallel preparations of both the prosecution and defense teams. He anticipates ongoing plea negotiations and meticulous organization of evidence and witnesses:

“They're getting all their witnesses on board... anticipating any motions or any, I'd say, surprises that they think the defense may have.” (16:09)

He emphasizes the unpredictability inherent in jury trials and the necessity for both sides to be thoroughly prepared.

---

6. Possibility of Plea Deals

The conversation shifts to the likelihood of Diddy accepting a plea deal. Gelman speculates on potential outcomes and the factors influencing such decisions:

“If I'm his attorneys, I'm definitely trying to at least get the best plea deal possible to present to Diddy.” (17:43)

He suggests that Diddy’s lack of a criminal record and eligibility for certain sentencing programs could result in a more favorable deal, though he acknowledges the government's strong stance against Diddy.

---

7. Jury Selection Strategies

Selecting an impartial jury is crucial, and Gelman discusses the characteristics Diddy's team might seek to bolster his defense. He points out a probable focus on ensuring diversity and seeking jurors sympathetic to Diddy's background:

“They're probably going to want minorities... and they're going to try to get as many black people on the jury as they can.” (22:56)

Kayla raises a counterpoint regarding the nature of the allegations, questioning the effectiveness of such strategies.

---

8. Issues with Attorney Tony Busby

The episode also touches on complications involving another attorney, Tony Busby, who has faced disciplinary actions for practicing law in the Southern District of New York without proper admission. Gelman criticizes Busby's actions:

“You can't do that. That's Lawyer 101.” (25:18)

Busby’s unauthorized legal filings undermine the credibility of the lawsuits against Diddy and highlight challenges within the legal representation surrounding the case.

---

Conclusion

As the trial date looms, the episode underscores the multifaceted legal battles Diddy faces, from internal team dynamics to external legal strategies. Gelman remains cautiously optimistic about potential plea agreements but acknowledges the unpredictable nature of high-profile trials.

“I really don't see it [the trial starting on May 5th]. I think something's going to happen.” (28:32)

The hosts encourage listeners to stay engaged as the case continues to unfold, promising more insights and expert analysis in upcoming episodes.

---

Notable Quotes:

• “The judge really embarrassed the attorney for Little Rob...” (03:20) – David Gelman
• “It's illegal. You're not allowed to record things from jail.” (06:53) – David Gelman
• “Under no circumstances can I continue to effectively serve as counsel.” (15:00) – Attorney Tony Busby

---

Final Thoughts

"Clients Can Be Assholes" provides a comprehensive and engaging examination of the ongoing legal saga surrounding Diddy. Through expert commentary and detailed analysis, listeners gain a nuanced understanding of the challenges and strategies at play in one of the most high-profile cases of the decade.

Transcript

[David Gelman]

Seriously popular. The following episode explores a number of allegations regarding the artist Diddy. He denies all charges and has pled not guilty to sex trafficking, racketeering and transportation to engage in prostitution. The biggest secret in the entertainment industry.

[Kayla Brantley]

That really wasn't a secret at all has finally been revealed to the world.

[Marjorie Hernandez]

At the height of his career, Sean Diddy Combs had it all. It seemed like everything Diddy touched turned to gold. Now the once untouchable hip hop mogul is fighting for his life as he faces multiple federal charges in New York, including sex trafficking and allegedly running a criminal enterprise.

[Kayla Brantley]

Music mogul and rapper Sean Diddy Combs has faced four different lawsuits in recent weeks alleging sexual assault.

[David Gelman]

Combs can be seen grabbing Ventura and throwing her to the ground.

[Marjorie Hernandez]

Oh, this guy is dangerous. Woman has now come forward. A legend comes of sexual assault.

[David Gelman]

She was drugged and sexually assaulted by Combs.

[Marjorie Hernandez]

I'm DailyMail.com journalist Marjorie Hernandez, and over the last six months I've been investigating this incredible story and speaking to the people in the eye of the storm. Welcome to the trial of Diddy.

[Kayla Brantley]

Hey, I'm Kayla Brantley, reporter at large for Daily Mail in Manhattan.

[Marjorie Hernandez]

And I'm Marjorie Hernandez, DailyMail.com's West coast news editor.

[Kayla Brantley]

And welcome to episode 29 of the trial of Diddy. And what an up and down week it's been for Mr. Sean John Combs.

[Marjorie Hernandez]

It really has, Kayla. We've seen the racketeering claims made against Diddy by producer Rodney Lillrod Jones dismissed by US District Judge Paul Oatkin. But at the same time, the judge's ruling means all the other claims and those including the allegations of sex trafficking could still move forward. So quite the highs and lows for Diddy and his legal team this week.

[Kayla Brantley]

Always, honestly, this whole case has been filled with highs and lows for both sides. And as we record this on Wednesday, it is March 26th. We're 40 days until jury selection begins on May 5th, and 47 days until the trial itself begins with those opening statements. So it's fair to say that things are really heating up for the defense and the prosecution. As ever, it is important to say that Diddy has vehemently denied all allegations made in all recent lawsuits filed against him. And he's also denied all federal charges filed against him last year. Like everyone else in the legal system, he remains innocent until he's been proven guilty.

[Marjorie Hernandez]

And with that being said, let's meet this week's guest. New Jersey based former prosecutor, founding attorney of Gelman Law, and most importantly, A friend of the pod, Mr. David Gelman.

[David Gelman]

Thank you for having me, guys. This is, you know, that's a great entrance right there.

[Kayla Brantley]

Well, usually we give our listeners a weekly roundup of everything that's gone down, but we kind of figured this week that we just talk through it with you and get your take on what's been going on. One of them being Little Rod's RICO dismissal. What can you tell us about any of that?

[David Gelman]

So it's not a flat out dismissal. The judge dismissed five of the eight counts there. I mean, the judge, he pretty much slam dunked the attorney. He's pretty much saying, you realize that defendants are innocent until proven guilty. And he kind of slapped them down. You don't really want that as an attorney, especially in papers where, you know, anybody in the country or the world can read this. So he really embarrassed the attorney for Little Rob, but he deserved to be embarrassed because if you can't figure that part out of the law, you, you probably shouldn't be practicing law. That really was stunning to me, in my opinion. But the facts of the case reading was very weak to begin with. And you could kind of tell that was a money grab. This was about him not getting royalties from Diddy from a video that they did in 22. I want to say it was. It just didn't add up, you know, and if a judge throws it away prior to it even getting to a trial, I don't think that is the case. So the judge thinks it's the case. So no, jury probably wouldn't, would have convicted Diddy on this. So everybody saw, especially the judge, that this was really a frivolous lawsuit.

[Marjorie Hernandez]

Now for. For our listeners who don't know who Lil Rod Jones is, he actually was one of the producers on the Love album, Diddy's last album. And as David mentioned, he had allegations that he was centrally trafficked by Diddy and that Diddy had sexually harassed him and also alleged that he was told by Diddy procure prostitutes for these freak off parties that they would have after recording sessions. So it was one of the more explosive lawsuits with all these allegations included in there.

[David Gelman]

It was. But. And also remember, Marjorie, this was not like the first lawsuit. This was towards the end of the. The lawsuit train, if you will, for Diddy. So, you know, this guy, he's just pretty much piling on whatever else he's heard and all these other allegations. But then the big thing is that he has retribution where he wasn't paid for his royalties. So I think this is kind of a payback for him to Diddy, although it didn't really turn out that way for him.

[Marjorie Hernandez]

With all of the, as you mentioned, the pylon and all the cases against Diddy, the fact that he had this, I guess, legal win for him, do you think that also could put into the microscope the other lawsuits or civil lawsuits that are out there?

[David Gelman]

It could. It certainly could. Now, remember, some of these are put in different jurisdictions, so, you know, you can't ever say what one judge is going to do compared to another one. And every lawsuit's different. Every lawsuit has a different set of facts, even though they're going to have the same defendant and potentially the same allegations. But certain facts are going to be stronger in some of the lawsuits and weaker in others. So I wouldn't say that I'm going to be surprised if there's going to be other ones that are dismissed. However, there's a ton of lawsuits right now against Diddy. Having them all dismissed, I don't think it's realistic, and I don't think that's going to happen.

[Kayla Brantley]

I want to switch gears a little here to that phone call between Diddy and Kanye. Now, that was absolutely incredible. I couldn't believe that we were hearing Diddy's voice on the other line from jail. He was telling Kanye that people are out to get him. What do you make of that? Is this something that's normal to jailhouse phone calls?

[David Gelman]

Hell, no. No. Well, number one, it's illegal. You're not allowed to record things from jail.

[Kayla Brantley]

Start there.

[David Gelman]

So, yeah, that, you know, no, no, no issue there. That, you know, Kanye and Diddy just violated the law. I don't know if this was something that was pre planned by Diddy and Kanye and the people could have been. I, I have no idea. But it. It just. It doesn't sound good. And, you know, especially the source. You know, Kanye isn't the pillar of the community right now, so I don't see that him being in Diddy's corner is going to help Diddy in any way. Maybe I'm wrong.

[Kayla Brantley]

Sources did claim that Diddy had no idea that the phone call was being recorded. So I do want to get that out there. But you said that it's illegal. Would that be on Kanye or on Diddy? Or on both of them?

[David Gelman]

Definitely on Kanye. It depends on Diddy. Look, if he had no idea and, you know, it's proven that, then yeah, you can't blame Diddy because, hell, the guy's in prison. How's he going to do anything or record anything or know about it. But if he did, if he did know and he did authorize this, then yeah, he could have even more trouble than what he's already in for. I mean, the only way you're allowed to record conversations from jail is, is if you get permission from the federal government from the federal jail to do so. If you don't have that, you're not allowed to do it. It's very simple. It's cut and dry. So I don't know if there's an investigation going on right now about this, but I wouldn't be surprised if there is. And if I'm the government here, I'm going to be raising my hands up left and right saying, why is this happening? This should never have happened to begin with. If defense is going to try to use it for evidence or purposes, which I don't think they will, but let's just say they tried to, you know, government is going to object to it because this was not done through the proper channels.

[Marjorie Hernandez]

So you mentioned that. Did he possibly did not know at all that he was being recorded. But correct me if I'm wrong, David, when you do get a phone call from somebody who is in a federal facility like that, there is a warning that says you can't record.

[David Gelman]

Oh yeah, oh yeah. There's, you know, you know, that's one of the first things you find out when you go. They give you like a whole manual pretty much of what you can and cannot do. And phone calls are one of the highlights of their day. They don't get many highlights in federal prison if people don't realize that by now. So a phone call or visitation, that's a highlight. And if you violate the conditions, you're not going to get them anymore. The jail can refuse to allow you to have that and then you're really screwed. So the inmates, they take that stuff pretty seriously and they, they follow the rules. So not following the rules on this particular one and doing something illegal potentially, you know, that's not good for, for Diddy.

[Marjorie Hernandez]

Now, David, going back to the lawyers that surround Diddy a week ago or two weeks now, one of Diddy's attorneys actually filed a motion to quit or told the court that he is leaving the case. This is Anthony Rico, who quit the legal team. Most people here in America know he's a high powered attorney who had slew of other big profile cases. He represented Osama bin Laden at one point, which was interesting. But I was just wondering what you thought about his decision to step down from Diddy's legal team.

[David Gelman]

So when you step down from a case, there's usually one of two reasons. Mainly, the first one is money not getting paid. Very simple. We talked about this at length before. I remember. I know, but I don't know how much did he has paid these firms. But if Diddy isn't paying anymore or he's refusing to pay, that's a basis to potentially try to get out of the case. Because, you know, you're still in the middle of everything right now, and you're going to do a ton more work, especially if this goes to trial. So the amount of hours that are going to be spent on that, it's going to cost a ton of money to Diddy. And if he hasn't paid or can't afford to pay him anymore, that wouldn't shock me at all that Rico is getting out of it.

[Kayla Brantley]

David, I actually specifically remember that you called this an attorney's wet dream because of how much money I did, they could potentially make from this case. So, yeah, if they're not getting that payday, I can totally imagine.

[David Gelman]

Yeah, it's not a wet dream anymore. It's going to be a nightmare.

[Kayla Brantley]

I guess it's a nightmare. Exactly. Okay. And then the second reason, they could potentially withdraw.

[David Gelman]

So that's not the reason. All right. Which I would anticipate. That's probably a pretty strong reason. But if it's not, the other one would be that just the client is being an asshole. All right, that's as simple as I can make it. We have clients every now and then who are just very difficult to deal with. It's called client control. I always want to have client control. Meaning, you know, look, the clients. You're in a very tough situation right now. My job is to get you out of this situation. It's to get you the best possible resolution. And by fighting with me, saying, oh, well, you know, I think you're doing this wrong, or, you know what, why don't we go about this? Or I didn't do this. You know, whatever's going through their minds and it makes your job much more difficult. Well, I don't think it's. I don't think it would be, you know, outlandish to think that Diddy might not be the easiest client to deal with again. Very rich man, very powerful man, used to having his way. He's in a jail cell now where, you know, he's very tight, tightly confound, and he's probably not in a very good mood. I Wouldn't be in a good mood either, and nobody would be in a good mood. I think it's probably fair to say that he's probably not being the easiest client to deal with. Now. If they look at the paycheck, they're going to be like, oh, okay, I remember why I'm representing him. But, you know, if that paycheck has dried up, then they're probably saying, you know, I don't know if this is worth it. And Diddy could also have said, you know what? I don't want you anymore. I don't think you're doing a good job representing me. And the attorney can then, you know, file a motion to be relieved as counsel for that reason, where there. There's a mutual decision by the client and the attorney. So there's a couple different reasons why he would get out of it. Those are the big two, though, money, which is, you know, pretty much a reason for everything in life. And the second one is client control or difficulty with a client.

[Kayla Brantley]

I do wonder if. And I feel like a lot of attorneys probably don't want to admit this, but if they look at this case and they're just like, there's no way we're winning this, so you might as well just back out before trial or, you know, maybe to avoid embarrassment. I don't know. Is that something that happens?

[David Gelman]

Well. Well, you gotta. You gotta look at it. What's a win? Is a win just a dismissal of everything, maybe. I mean, to Diddy, I guess it would be a job as a criminal defense attorney, is to make sure that we get you the best resolution, whatever that is, all right? To mitigate your exposure. So Diddy, perfect example. He's looking at life in prison. All right? So your exposure is life in prison. If I can get you something so much better without having to go to a trial and, you know, gambling, you know, win or lose, if you lose, you're screwed. If you win, yeah, you go free. But what are the odds of that? So that's really what you have to ask yourself. And I always ask this to clients when they approach us and when they want to hire us. What do you want to see happen? Are you looking to get. Get an acquittal? Are you looking to say, all right, look, I didn't do this. I. I'm going to fight this tooth and nail? Or are you coming and saying, listen, I may or may not have done this, but you got to get me the best possible resolution and do whatever you think. So I don't know if Diddy would listen to the advice of counsel, and I don't know if a win to him is going to necessarily be a win to the attorneys. And I also don't know if that win for Diddy is realistic either, what he's looking for to what actually can happen.

[Marjorie Hernandez]

We do have to note that attorney Anthony Rico did say he hasn't provided any further details for the reason of his decision, but he did write in a notice, quote, under no circumstances can I continue to effectively serve as counsel.

[David Gelman]

When you say under no circumstances, it's not like, you know, I really don't see me being able to represent, you know, Sean Diddy Combs in an adequate faction anymore. But when you say unequivocally under no circumstances, there's. There's something there.

[Kayla Brantley]

There's so much more coming up. But for now, let's pause for a break.

[Marjorie Hernandez]

Welcome back to the Trial of Diddy. We're still here with criminal defense lawyer David Gelman.

[Kayla Brantley]

Well, David, we are 40 days away from the beginning of this trial, jury selection on May 5th. I remember you saying absolutely no way was it going to trial on May 5th. But as of now, it is Wednesday, March 26th. We are still slated to start the trial on that date. What are both teams doing right now to prepare?

[David Gelman]

So, number one, I wouldn't be surprised if there is some type of plea negotiations going on. That would be the first thing. I would also anticipate that they're for the government. They're getting all their witnesses on board. They're getting everybody lined up. They're doing all their due diligence. They're going over discovery, making sure that everything has been provided to Diddy and his council that should be required. They're anticipating any motions or any, I'd say, surprises that they think the defense may have. They may do a mock trial if they have the resources, which I anticipate they do. So, you know, they're. They're getting their ducks in a row for Diddy and his attorneys. They're doing the same thing for the most part. So the attorneys are meeting with Diddy, I'm sure, quite a bit. They're getting their game plan together. You know, 40 days out, it might seem like a long time, but it really isn't, especially when you're having to anticipate doing different motions and answering different motions. You're going to have witnesses that at the very last second become unavailable or at the alternative, become available. So you really have to make sure you have everything covered as best you can in A jury trial, there's always going to be surprises. You just got to try to anticipate as best you can.

[Marjorie Hernandez]

Hey David, you mentioned a potential plea deal. I mean that, that would be huge. One, what's the likelihood, do you think that Diddy would actually take a deal? And two, if I know it, it's depending on the charge that he, he could possibly plead to what could be the minimum sentence that he could get.

[David Gelman]

So Marjorie, it's a good question. I, I don't. Look, I have no idea what did he's thinking right now if he's thinking a plea deal or not. But if I'm his attorneys, I'm definitely trying to at least get, get the, the best plea deal possible to present to Diddy. Because look, at the end of the day, it's going to be Diddy's decision. The attorneys, they're going to go home at the end of the night, Diddy, 50, 50. Is he going to go home or is he going to stay in prison? I think they have to do it. I don't know if he's ordered them to negotiate that or not, but I think it would be bad luring if they didn't at least try to negotiate to get something. Now what would it look like? I can't answer that for the simple reason that it seems like the government on its face, they're really going after Diddy and you know, he is, you know, Persona non grata, if you will. But behind closed doors, are they softening their stance a little bit? I could potentially see that because you're going to have a ton of witnesses as for the jury and number one, if you put these witnesses up, they're going to be subject to cross examination and they could definitely get screwed up in that cross examination because as a defense attorney, that is your job to go after their credibility. But it may be beneficial to the government to offer some type of a decent plea deal where they could avoid having their witnesses go forward with it because look, you just don't know how it's going to go in a trial. What would something realistic look like? Another good question. I mean, it could be 10 to 15 years maybe. I don't know. You know, I don't know. Did he though he is eligible for certain programs, number one, that the federal system does provide, there is an early pathway exemption that he can take. He does not have any criminal record, so his score for sentencing purposes would go lower as well, especially being a first time offender. So, you know, and also when it comes to these types of pleasure. The judge in the case does not have to sentence the person to whatever they want to what the government or defense agree to. They could deviate from that. So defense could actually ask for something lower than the agreement. So that's something that potentially could happen. But I still think it's probably a little too early to tell on that one.

[Marjorie Hernandez]

And obviously, we have to say that he has vehemently denied all the charges and allegations against him, from the criminal case to the civil cases. That. That he has. But I'm also wondering, as a defense attorney, what if he comes to you and says, I want to get on that stand and testify? What would your reaction be to that?

[David Gelman]

I'd be like, you need to get your head examined. I really don't like having clients testify unless. And you know, this is just a cautionary tale. Unless you are losing bad and you're throwing up a hail Mary. That's the only way I would have somebody testify or recommend they testify. But if not, I would try to do everything in my power to talk them out of it, because having the defendant testify, most of the time, it doesn't go well. All right. That is when the prosecution eat the defendant up alive. And, you know, defendants, they think they know it all. I don't want to say it's an ego thing, but they probably think, you know, nobody can tell my story like I can. That may be true, but there's also nobody who can destroy your story as well, like the government can. So I would try to talk Diddy out of testifying if possible, but at the end of the day, you know, it's his decision. Something else I would do. And if he is going to testify, I can almost certainly guarantee they will do this. They will have some type of a, you know, a legal paper stating that. They said that it would be their preference and their opinion, legal opinion, if Diddy did not testify. And I would force Diddy to sign that, because God forbid, you know, there's some type of appeal for ineffective assistance of counsel. And that's one of the reasons that Diddy testified. I would bring it. I would have that, you know, right at my disposal.

[Kayla Brantley]

I didn't even know that that was a thing. Oh, that's like full protection. Like we said, do not do this, and you're going against us. So you have to be very confident to get up on that stand.

[David Gelman]

In that case, it is. But look, who knows how the. How the trial goes? All right, if it gets to a trial, you know, you never. You never know. It could go one way or you think it's going to go one way and it can go completely the opposite way. So these are game time decisions. But unless you are losing badly and you know, it, there's, it really isn't worth, worth the risk to have Diddy testify. But, you know, I'm not going to be in that room. So I don't know.

[Kayla Brantley]

What are some of the ideal characteristics that Diddy's team is looking for when selecting a jury? Who are the types of people that they want on that jury?

[David Gelman]

So, number one, they're probably going to want minorities. I would anticipate that because I assume one of their themes is going to be that, you know, they're going after an African American, wealthy male. So I think they're going to try to get as many black people on the jury as they can. I also think they're going to try to get women on the jury because women are more sympathetic when it comes to these types of cases than men. I know it doesn't sound like that. I know it's.

[Kayla Brantley]

Yeah, that's interesting because you would think, like if the alleged abuse is against a lot of women, you wouldn't want women.

[David Gelman]

You would think that. But, you know, studies have shown that women being on the jury are more sympathetic. And also women judge women harsher than a man judges a woman. Look, again, this is all science, not me.

[Kayla Brantley]

Interesting.

[David Gelman]

So there's ways that you want to pick a jury, and those are two of the characteristics that Diddy's team is going to be looking for.

[Kayla Brantley]

I wonder if in the Voir d' or it's like, are you a Diddy fan? Have you listened to Diddy's music? Because it's going to be hard to find somebody who doesn't listen to Diddy, who hasn't listened to Diddy, who doesn't like one of his songs, especially in New York.

[David Gelman]

Yeah, 100% they're going to ask, have you, do you know who he is? You know, you know, what songs he's been in? Do you know what type of music he sings and that and that kind of stuff. So a thousand percent. And that's probably going to limit a lot of the jury as well when they do that. Because if I'm the prosecutor, I'm not going to want them being on the jury, especially if they like Diddy's music.

[Marjorie Hernandez]

The interesting part is the attorneys who are connected to either the criminal case or his civil cases filed against him. They have also made news, one being Tony Busby and one of the Interesting things is he actually has withdrawn from at least 15 from the last count of some of those lawsuits that he had filed in the Southern District of New York for the reason that he. That he cannot practice law in the Southern District of New York. So I was wondering what your. Your thought was about that.

[David Gelman]

It's pretty difficult to practice and file lawsuits in a court that you're not allowed to do, isn't it? That's a big no. No. If you get caught doing something like that, not. Not only can your can your bar license, your legal license be suspended or taken away in different states that you practice in, but you also could be technically looking at charges being placed against you as well. So for practicing, you know, for fraudulently practicing law, even though you are a licensed attorney. So I'm very, very skeptical about this. And it doesn't make his clients look good at all by him doing that because the court, you know, made the. Made Busby aware multiple times. Again, I don't know what's going on in his head. And there I met the guy, but you can't do that. That's. That's Lawyer 101.

[Kayla Brantley]

David, is there a separate bar exam for the Southern District of New York vs the Northern District of New York?

[David Gelman]

If you're licensed in one of the. In one in a federal court anywhere in the country, and it's like this for all the courts, you have to find a member who is in good standing in wherever you want to practice. They have to sponsor you. You fill out an application and you're accepted as long as you don't have any, like, ethics complaints or anything like that in other states. So you don't have to take the other bar unless you want to. But, you know, who the hell wants to take another bar exam?

[Kayla Brantley]

So it was just a matter of, like, filing that paperwork, not like, oh, I didn't realize. I didn't take that test, that very important test that I needed to.

[David Gelman]

Yeah. So like, we. I've. I've, for instance, another attorneys who work for me in my firm. We've had to go to different districts in Pennsylvania, New Jersey and New York for that matter. And we, we just, we there, we find people who we know that are in good standing with the bar. They'll sponsor us. Boom, boom, boom. It takes like a couple days, you know, not. Not even now.

[Marjorie Hernandez]

He did Tony Busby provide a statement to me last week, and I want to read it. He said, quote, I'm licensed to practice law in New York and in good standing most of the cases we have filed are in state court. However, a grievance was filed by Sean Carter, who Jay Z. Against me, alleging I was practicing law in the Southern District of New York federal court without formal admission. Until that administrative issue is sorted out, my colleagues who are formally admitted to SDNY will continue to push those cases while I continue to march forward in the New York state cases. We also will be filing cases in Nevada and California very soon.

[David Gelman]

He is licensed in New York, where we, where I said that in the beginning. But the state courts and district courts and the federal courts are two different animals. Just because you're licensed in the state court does not mean you're licensed in the federal court. And when you have 15 cases that you filed lawsuits in in the federal court, you better know that you are licensed there. And if you're not licensed there, get somebody else to file it.

[Kayla Brantley]

Okay, so 40 days out from the start of the trial, do you have any final thoughts?

[David Gelman]

You know, I, I, I'm going to be like a broken record. I really am. But I don't think it's, I don't think it's going to start, you know what today is March 26, 2025. Don't see it happen. I, I think it would have to be in 26 if it did, if it did happen. But, you know, I just, I just don't see it. I just, I think so. I, I think something's going to happen. I really do.

[Kayla Brantley]

I mean, and it could happen up until, like the day before, right?

[David Gelman]

Yeah, it could happen day up.

[Marjorie Hernandez]

Anything can happen.

[David Gelman]

Yeah.

[Kayla Brantley]

Yeah, true. So 40 days might not seem like.

[Marjorie Hernandez]

A lot, but he could take a plea for all we know.

[David Gelman]

That's what I'm saying. I think there could be a plea agreement that occurs prior to it, or they're going to just say we still aren't ready. There could be another indictment happening. They need more time.

[Kayla Brantley]

So for now, that's it. Thanks again to this week's guest, David Gelman. And as we prepare for Diddy's trial in May, what other trials would you like us to cover? Let us know by email the trialdailymail.com or you can WhatsApp us at/4477966, 57512 and make sure to start your message with trial.

[Marjorie Hernandez]

As ever, thank you for listening. Please share all your comments, suggestions and thoughts on the trial of Diddy on Apple or Spotify and follow us on TikTok@DailyMailCrime. Do follow the trial of Diddy as we will be here each week with fresh information, new insights and some expert guests. Goodbye.

[Kayla Brantley]

Goodbye.