Sean ‘Diddy’ Combs federal criminal sex trafficking case assigned to new judge

OUT OF THE RACE. THANK YOU. MALLORY: 6:45, AND NOW TO THE LEGAL LANDSCAPE. OUR LEGAL ANALYST, ATTORNEY DAN ADAMS, JOINS US EVERY MONDAY, BREAKING DOWN THE BIGGEST CA HAPPENING ACROSS WISCONSIN AND THE COUNTRY. GOOD MORNING. A LOT OF PEOPLE ARE TALKING ABOUT THOSE CHARGES AGAINST MUSIC MOGUL SEAN DIDDY COMBS. CAN YOU EXPLAIN THE LAW THAT NEW YORK PROSECUTORS ARE USING TO PROSECUTE HIM, AND IS IT UNUSUAL? DAN: YES, SEAN COMBS, KNOWN AS PUFF DADDY, IS BEING CHARGED WITH A REPO. MOST CRIMES ARE EPISODIC. YOU KILL SOMEONE, IT IS HOMICIDE. ONE TIME THINGS. PUFF DADDY IS BEING CHARGED WITH REPO, MAINTAINING A CRIMINAL ORGANIZATION, AND THAT CREATES BIG PENALTIES FOR HIM. WHAT THE GOVERNMENT MUST PROVE IN A RECO CASE IS THAT SEAN COMBS COMMITTED AT LEAST TWO PREDICATE CRIMES, CRIMES THAT AIDED THE OVERALL CRIMINAL ORGANIZATION. WE THINK OF RICO AS SOMETHING THAT GOES AFTER THE MAFIA OR DRUG CARTELS, ORGANIZATIONS THAT HAVE BEEN SET UP FOR THE PURPOSE OF COMMITTING CRIMES. WE KNOW THAT PUFF DADDY’S ORGANIZATION WAS REALLY A MUSIC-CREATING COMPANY AND SOLD APPAREL. SO IT WAS NOT REALLY A CRIMINAL ORGANIZATION, BUT WITH THE GOVERNMENT IS TRYING TO SHOW IS THAT HE COMMITTED CRIMES WITH THIS ORGANIZATION OVER TIME FOR THE BENEFIT OF THIS RACKETEERING. IN THIS CASE, IT IS KIND OF AN EXPANSIVE USE OF THE LAW, AND THEY ARE USING IT TO SHOW THAT SEAN COMBS TRAFFICKED WOMEN AND ACTUALLY MEN, AS WELL, DISTRIBUTED DRUGS IN FURTHERANCE OF THE CRIMINAL ORGANIZATION. IT IS REALLY AN UNUSUAL WAY TO USE THIS LAW. THIS IS WHAT HE IS LOOKING AT. MALLORY: WE KNOW THAT DIDDY IS STILL BEING DETAINED, AND THE LEGAL TEAM IS WORKING HARD TO GET HIM RELEASED. DOES HE HAVE THE RIGHT TO BAIL? DAN: THERE IS A PRESUMPTION THAT SOMEONE SHOULD BE RELEASED PENDING TRIAL. ALL PEOPLE ACCUSED IN OUR SYSTEM HAVE THE PRESUMPTION OF INNOCENCE. THE PRESUMPTION ALSO IS THEY SHOULD BE ON THE STREET WHILE FIGHTING THEIR CASE. HOWEVER, THERE IS ALSO A PRESUMPTION THAT SEX TRAFFICKING, THE SECOND COUNT HE IS LOOKING AT, THE PRESUMPTION OF THAT IS TOO SAFE -- UNSAFE. HE WAS NOT ABLE TO REBUT THAT AT HIS TWO HEARINGS LAST WEEK. HE OFFERED TO PUT UP HIS $50 MILLION MANSION, WHICH IS UNENCUMBERED, WHICH IS REQUIRED IF YOU PUT UP COLLATERAL PROPERTY. THE JUDGE SAID THAT IS NOT ENOUGH. THERE IS NO COMBINATION OF RELEASE FACTORS OR MONITORING, HOUSE ARREST, THAT TYPE OF THING, THAT WILL ALLOW THE COMMUNITY TO BE PROTECTED. SO HE IS DETAINED UNTIL TRIAL. MALLORY: SOMETHING WE WILL CONTINUE TO BE WATCHING.