NEW YORK — On Tuesday, November 19, a US judge ordered prosecutors to destroy their copies of handwritten notes taken by Sean 'Diddy' Combs in jail, as a decision is pending on whether the notes can be used in preparation for his sex trafficking trial.

During a hearing in Manhattan federal court, District Judge Arun Subramanian directed prosecutors to refrain from referencing the notes while considering the defense's claim that the notes fall under attorney-client privilege, which protects confidential communications between lawyers and their clients.

"Dispose of them," Subramanian instructed the prosecutors.

Combs, 55, was arrested in September on charges alleging he used his business ventures, including Bad Boy Entertainment, to transport women and male sex workers across state lines for recorded events known as "Freak Offs." He has denied the charges.

The music icon is set to stand trial on May 5, 2025, for three felony charges: racketeering conspiracy, sex trafficking, and transportation for illegal purposes. Combs' defense team maintains that all sexual activities referenced in the indictment were consensual.

Prosecutors from the Manhattan US Attorney's Office obtained photographs of the notes during an October 28 search of Combs' cell at the Metropolitan Detention Center in Brooklyn, conducted as part of a coordinated federal sweep.

According to the prosecutors, the notes included mentions of paying off potential witnesses and gathering incriminating information about them, which could constitute obstruction of justice and potentially invalidate attorney-client privilege.

"The information is not privileged," prosecutor Mary Slavik argued during the hearing, adding that the investigation is ongoing and may lead to additional charges.

Combs' attorney, Marc Agnifilo, countered that the notes were related to defense strategies and witnesses, asserting that their seizure violated Combs' constitutional rights, including those protecting against self-incrimination and unlawful searches.

"This is an outright institutional failure," Agnifilo stated.

Judge Subramanian indicated he would retain a copy of the notes while determining whether prosecutors can use them. Meanwhile, a separate team within the US Attorney's Office tasked with privilege review would also retain the notes.

Separately, Combs is pursuing release on $50 million bail, backed by his $48 million Florida mansion and supported by family members. Bail has been denied three times due to concerns that Combs might tamper with witnesses.

A bail hearing is set for Friday, with prosecutors agreeing that Subramanian should not factor the contents of Combs' notes into the bail decision.

Disclaimer: This image is taken from Reuters