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Diddy is where he belongs: behind bars | Opinion

Diddy is where he belongs: behind bars | Opinion

On Wednesday, U.S. District Court Judge Andrew Carter upheld the decision to hold Sean Combs (aka “Puff Daddy,” aka “P. Diddy,” aka “Diddy,” aka “PD,” aka “Love”) without bail, following the magistrate judge’s earlier decision. The decision sends an important message about the balance between public safety, the seriousness of the charges, and the potential risks of releasing a high-profile defendant like Combs before trial.

Combs denies any wrongdoing, but the charges he faces are not insignificant.

The unsealed indictment alleges serious and violent crimes: racketeering conspiracy, forced sex trafficking, and transportation to engage in prostitution. If convicted, Combs could face a minimum of 15 years in prison, making the stakes incredibly high. These serious charges require an equally serious approach when considering bail.

Combs' family expresses support
Justin Combs (bottom right) and Christian Combs (right, 2nd row), sons of rapper and music producer Sean “Diddy” Combs, leave federal court after their father’s bail hearing in New York on September 18.

TIMOTHY A. CLARY/AFP via Getty Images

One of the main factors influencing the court’s decision was the fact that Combs has considerable resources. With a net worth approaching $1 billion, he has the means to flee easily. From private jets to properties located around the world, Combs’ access to resources makes him an exceptional flight risk. Even if he surrenders his passport, there are many ways for someone with his wealth and influence to disappear. The magistrate judge recognized this risk, and Carter saw no reason to overturn the decision.

Beyond the risk of flight, public safety is also a major concern. Over the years, Combs has been implicated in numerous allegations of violence, although not all have resulted in charges. Still, the pattern of charges is troubling. Combs’ release could create a risk not only for those directly involved in the case, but also for the public at large. The decision to keep him in custody ensures the safety of witnesses and potential victims as the case moves forward.

The court also had to consider the risk of witness intimidation. Combs is not just another defendant: he is a global superstar with immense influence in the music industry and beyond. That power could have a chilling effect on witnesses, even without direct threats. The fear of confronting someone with so much wealth and connections could lead witnesses to withhold the truth or refuse to testify altogether.

Ultimately, the decision to uphold Combs’ bail is a matter of fairness. The justice system cannot afford to give the impression that those with means can buy their own way out of serious criminal prosecution. Granting bail to someone in Combs’ situation would send the wrong message, suggesting that wealth and fame allow people to circumvent the rules that apply to everyone else. In upholding the magistrate’s decision, Carter reaffirmed that justice must be applied equally, regardless of status.

What happens next will lead us into very dark times for Combs. Back to the unsealed indictment: Combs now finds himself on a legal private jet heading toward two different mountains.

The first point is the indictment, which alone is not proof of guilt. Part of the reason the indictment is so vague and damning to read is that it alleges heinous crimes but provides no information about the details. If those details come out in court and to the media (including through leaks before the trial), it will be very bad indeed. The indictment is like a horrific picture of even more horrific crimes; those details will make Combs an adversary, probably in the eyes of the public and the court.

Here is a small sample of the indictment:

Combs Enterprise members and associates engaged in and attempted to engage in, among other activities, sex trafficking, forced labor, interstate transportation for the purpose of prostitution, coercion and solicitation to engage in prostitution, drug crimes, kidnapping, arson, bribery, and obstruction of justice.

The other issue is the psychological and emotional impact that not only the indictment but also the continued detention of Combs will have on others who have remained silent and are considering coming forward. These crimes are not errors of judgment, but a multitude of offenses that are not likely to get even slightly worse. In fact, they could get exponentially worse as the days go by. That is what the prosecution repeated yesterday before Carter. The prosecution argued that Combs should remain in custody because the investigation is “ongoing,” implying that much more is to come.

From this legal and practical perspective, keeping Combs in custody pending trial was entirely justified. It sends a powerful message: Our legal system cannot be influenced by fame or fortune. Public safety must remain the priority, and the court upheld that principle today.

Aron Solomon, JD, a Pulitzer Prize-nominated writer, is the chief strategy officer of AmplifyHe has taught entrepreneurship at McGill University and the University of Pennsylvania, and was elected to the Fastcase 50, which recognizes the world’s top 50 legal innovators. Aron has been featured in Newsweek, Fast Company, Fortune, Forbes, CBS News, CNBC, USA Today, ESPN, Lawyers, Today’s Esquire, TechCrunch, The Hill, BuzzFeed, Venture Beat, The Independent, Fortune China, Yahoo!,ABA Journal, Law.com, The Boston Globeand many other leading publications around the world.

The opinions expressed in this article are those of the author.