Sean 'Diddy' Combs denied bail as judge declares hip-hop mogul poses serious danger

NEW YORK -- A New York federal judge denied Sean "Diddy" Combs' request to be released on bail, finding "by clear and convincing evidence" that the hip-hop mogul is potentially dangerous and "that no condition or combination of conditions will reasonably assure the safety of the community."

Judge Arun Subramanian decided "there is compelling evidence of Combs's propensity for violence," including video obtained by CNN from the 2016 Intercontinental Hotel incident with protégé Cassie Ventura.

While the defense argued the footage was edited and manipulated the judge said, "There is clearly violence even in the version of the footage submitted by Combs."

Both federal prosecutors and Combs' attorneys submitted their final letters about whether the music mogul should be allowed out on bail on Monday. This is the fourth time he was denied bail.

Prosecutors argued that Combs' attempt to influence witnesses while in jail "constitutes obstruction" of his criminal case. They also called out Combs' "recent efforts to influence the jury pool" through a social media campaign organized by his children.

Combs' attorneys said their client's conduct was protected free speech, meant to combat "outrageous claims about Mr. Combs" by "government agents, plaintiffs' attorneys, and others with questionable motives."

The judge also cited text messages between Combs and Ventura from the hours and days following the encounter.

"I have a black eye and a fat lip. You are sick for thinking it's OK to do what you've done," one message said. "I still have crazy bruising," said another.

Combs proposed home confinement in a three-bedroom Upper East Side apartment with 24/7 private security, limits on visitors and restrictions on his communications. Still, the judge said, "Given the nature of the allegations in this case and the information provided by the government, the Court doubts the sufficiency of any conditions that place trust in Combs and individuals in his employ-like a private security detail-to follow those conditions."

Last Friday, the defense called the proposed conditions "far more restrictive" than Combs faces in jail.

They included limiting phone calls to lawyers, restricting visitors other than lawyers and specific family members, keeping a visitation log, and avoiding contact with witnesses or potential witnesses.

However, federal prosecutors have said there are no conditions that can reduce Combs' risk of tampering with witnesses or shaping the opinions of potential jurors.

In court last Friday, prosecutors summarily said that Combs "cannot be trusted" to follow the rules of a pretrial release.

The judge sided with the prosecution's argument.

In his decision, Subramanian cited "evidence supporting a serious risk of witness tampering," including Combs' calls and texts with witnesses, and his flouting of jailhouse rules, like using the phone access codes of other inmates at MDC-Brooklyn.

"(Combs') willingness to skirt BOP rules in a way that would make it more difficult for his communications to be monitored is strong evidence that the Court cannot be reasonably assure(d) as to the sufficiency of any conditions of release," Subramanian said.

Subramanian is the fourth judge to deny Combs bail after a federal magistrate, the prior district court judge assigned to the case and an appeals court judge.