Diddy is once again trying to get himself released on bond, 2 weeks after he was arrested ... and we're told he's building a powerhouse legal team to try to make it a reality.
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00:00This is the type of indictment you would expect from someone in the mafia.
00:03I don't know that I could keep him off the stand.
00:05He is very eager to tell his story.
00:08They're going to show that video over and over and over
00:11about what happens to women that won't change their stories.
00:15His reputation is over.
00:17The United States government, they start making this case
00:20as a takedown of a successful black man.
00:24TMZ presents The Downfall of Diddy, The Indictment, now streaming on Tubi.
00:30Well, Diddy is not giving up even before he gets to the trial.
00:34He's not giving up on trying to get out of jail.
00:37You know that he has been turned down twice to get out on bail
00:41and he is being held in Brooklyn and will be there until the trial begins.
00:47Unless...
00:48Unless...
00:48Unless he appeals and an appeals court says the judge was wrong.
00:54The judge should have allowed him to post bail,
00:56which is exactly what they are going to try and do.
01:00And he has brought in new lawyers to try and get this done.
01:05Get to the lawyers a second.
01:06I just don't know what's...
01:08How has the argument changed?
01:10The problem is this, that the same things that the judge said before...
01:15There's a legal standard when you appeal something like this.
01:19And the legal standard is, did the judge abuse his discretion?
01:23Because ultimately, this is a discretionary thing.
01:26And it is a high standard for an appellate court to meet to say,
01:32we're going to superimpose our view of it over the trial judge's view of it.
01:37And what the trial judge was saying is, look, he is a flight risk
01:41and a danger in the sense that he's trying to intimidate and influence witnesses in the case.
01:48And because he's a man of means, we can't allow him to go free pending the trial.
01:55Now, you might think that's draconian or not,
01:59but that was the trial judge's decision.
02:02It's going to be hard to make that case
02:04to reverse what the trial judge did at the appellate court level.
02:08Harvey, I'd go beyond hard.
02:09I think this is an impossible task.
02:11You're asking an appellate court judge to say that the trial court judge got it wrong,
02:16to your point, abuse of discretion.
02:18But it's based on the evidence before the trial judge.
02:21It's going to be a tremendous amount of deference given to the trial judge
02:24on his interpretation of the evidence.
02:28I can't see an appellate court overruling it
02:30just simply based on some sort of abuse of discretion.
02:33Just not here.
02:34No.
02:34And the other thing that we should talk about is that we have spoken with Diddy's lawyer,
02:40in fact, in our documentary, which, by the way, is streaming right now on Tubi,
02:45the downfall of Diddy, the indictment.
02:48And what he said was, look, we are going to move for a speedy trial.
02:53And he had a sense that the feds didn't have all of their ducks in a row.
02:58And he wants to exploit that.
03:00And he wants to go to trial.
03:01And he wants to do it quickly.
03:03So that may be the best resolution just in terms of giving him the ability to make his case
03:10if he's found not guilty, where obviously he would go free.
03:15But I agree with Jason.
03:17I just do not see that happening.
03:19Well, the new lawyers that he has brought on added to the team.
03:23One of them, her specialty is dealing with appellate courts, Alexandra Shapiro.
03:29Interesting the last name is Shapiro.
03:30No relation to Bob Shapiro, who is, of course, on OJ's dream team.
03:35And it seems like Diddy is trying to assemble one himself.
03:37And then the other person is Anthony Rico, who is renowned as a trial attorney.
03:45And the name Rico is interesting in this case.
03:48Because this is a Rico case.
03:51So look, I mean, they're going to bring lawyers in.
03:54That's totally expected.
03:56And the reason to bring the appellate lawyer in is that as they get closer to trial,
04:02there are going to be motions that they may want to appeal if they don't go the way of the defense.
04:09And during the trial, there may be decisions made that they want to go up on an emergency
04:14writ, we call it.
04:15Um, those things are really unlikely.
04:18I mean, usually the trial court plays it out and then you appeal.
04:22I will say Alexandra Shapiro is one of the nation's premier appellate lawyers.
04:27She is the real deal.
04:28I mean, he's giving himself, this is what money buys you, right?
04:31It buys you access to the best lawyers in the country.
04:33And she is among them.
04:34So I suppose if there's some grounds for appeal that we're not seeing, Harvey,
04:38she's going to find it.
04:39That's fair.
04:39That's fair.
04:40Hey, this is Flo from Cleveland, Ohio.
04:42Guys, with all the mountain allegations and evidence, I think Diddy is going to surely need
04:49a dream team, much like OJ.
04:51And we are looking forward to the trial of a century.
04:54You know, I want to say just one other thing real quickly.
04:56We got Akon at the airport and the way he spoke about this to me just underscores the fact
05:04that Hollywood generally has not like spoken out and he's speaking.
05:12He's speaking, but he's explaining why he's not saying much and why
05:16others aren't even saying what he's saying.
05:18So listen carefully to this.
05:19I think the business in itself has taken a shift.
05:24If you look at it from a spiritual perspective,
05:26music hasn't been the greatest role model for our youth.
05:29That's true.
05:29If you look at it these days.
05:30So I just think it's a spiritual shift that's happening.
05:32And we just got to sit back and relax and watch.
05:34Mind our own business.
05:35And whatever people are doing on their personal time is something
05:37they have to deal with on their own.
05:39The idea of like the government seeing, you know,
05:42somebody as a target for being for their success.
05:45I mean, at least that's how the lawyers playing it.
05:47It's not the first time we've heard this rhetoric.
05:49You know what I mean?
05:50I mean, yeah, but it's a defensive mechanism at the end of the day.
05:53You know, we've got to all sit back and let it play out.