Denial of bail to Sean Diddy Combs condemned, prosecutors accused of racism

Retired law professor Andy Martin says the denial of bail to Sean Diddy Combs is a racist tactic by federal prosecutors
By: Andy Martin Worldwide Communications
 
NEW YORK - Sept. 18, 2024 - PRLog -- News From:

Contrarian Commentary

Andy Martin, J.D.

Adjunct Professor of Law Ret.

www.AndyMartin.com

www.FirstRespondersOnline.us

FOR IMMEDIATE RELEASE: (New York, NY)(September 18, 2024)

Dear American:

I never thought I would be writing a defense of Sean "Diddy" Combs. I know nothing about Rap music. I do not follow Rap entertainers unless they end up on the regular news pages of web sites and print media. But what I do know is federal criminal law and constitutional law.

I have deliberately not read Combs' criminal indictment because my limited concern is denial of bail and pre-trial detention. The prosecutors on Combs' case are trying to gin up a "racketeering" conspiracy by going back a decade or more for evidence. The normal criminal statutes of limitations are five years. Almost all of what is alleged as a coast-to-coast conspiracy involves state law crimes.

There are two grounds to deny bail. The first is risk of flight. Combs' homes were raided in the spring. Combs made no effort to flee. Moreover, when prosecutors told his attorney that indictment was imminent, Combs came to New York and voluntarily appeared. He poses no rational or reasonable risk of flight. Efforts by the magistrate judge to deny bail look like a publicity stunt, not a bona fide flight situation

The second basis to deny bail is risk to the community. Many of Combs' alleged crimes took place a decade ago, long past state and most federal statutes of limitations. The shocking tape which appeared on CNN is eight (8) years old. I have no doubt that many of the allegations in the indictment are sordid. I also know the U. S. Attorney's office in Manhattan has long been a prosecutorial hothouse. I opposed Rudolph Giuliani in the late 1980's. It is obvious that prosecutors are trying to hamstring Combs' defense and to demonize him in the eyes of the public, a racist trope to portray Combs as a dangerous Black man who should be caged. When the U.S. Attorney is screaming "Y'all come" to solicit more victims, that is an appeal to hysteria and professional misconduct, not an appeal to the fair and impartial administration of justice. If prosecutors still did not have enough witnesses as of September 17th, they have a weak case despite the despicable conduct alleged.

When justice is being corrupted, many are afraid to stand up and say so, especially lawyers. Combs is being held under unlawful and unconstitutional conditions. I condemn abuses by the U. S. Department of Justice. Merrick Garland, where are you?

Andy Martin

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