In this special Friday edition of The Megyn Kelly Show, host Meghan breaks down the latest developments in the Puff and Steph Diddy trial and gives her thoughts on what she's seeing from the prosecution and the star witness.
00:00:00.620Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at New East.
00:00:11.700Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show and a special Friday, more casual edition of what's happening in the P. Diddy trial.
00:00:21.740We're actually supposed to be off today, but I've been following this case pretty closely and there's been a lot I've wanted to say.
00:00:26.540And we've been trying to sandwich it into other shows and finally I just wanted to take a chunk of time to just cover what we've seen this week because there's been a lot of developments and I got a lot of thoughts on this.
00:00:39.800So coming in sort of on a day off, it was supposed to be a day off. Thank you to my team for accommodating me on my need to get this off my chest.
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00:01:47.340And the more I look at it, the more I think the case is getting stronger by the day against Diddy for sex trafficking, racketeering, and transportation to engage in prostitution.
00:02:39.740I mean, more accurately stated, the prosecution needs to prove that there were at least some of these sexual encounters, so-called freak-offs, that were not consensual on her part.
00:02:51.180And I think they're doing it, I have to tell you.
00:02:57.400Because what's interesting about this case, and the reason we're all paying such close attention, is because this is one of the most famous men in the world.
00:03:05.260Sean Combs, Puff Daddy, P. Diddy, whatever, is one of the biggest celebrities in America, in the world.
00:04:00.000This is not the Johnny Depp case, guys.
00:04:03.320This is not like, oh, you know, you've got this controversial guy and this lunatic woman and, you know, she's trying to make a buck off of him or she's not taking responsibility for her piece of it.
00:04:29.640But that doesn't mean they're incapable of being sex trafficked in the meaning of the law or part of what essentially amounted to a criminal conspiracy of control and coercion over them.
00:04:44.280And that's really at heart what the government is alleging against this guy.
00:04:49.080But P. Diddy's apex of his fame almost was was right when he was brought down.
00:04:56.900I mean, the news reports about him talk about how in 2023 he'd been nominated, I think, for his first solo Grammy Artist of the Year, whatever it was like he was moving up in the awards ceremony world.
00:05:09.120He was getting more and more recognition.
00:05:10.300He was releasing an album and he was sort of everywhere in the media and he knew everyone, everyone.
00:05:18.500You know, I remember that video of him going through the names of the people who came to his parties.
00:05:22.540It was a who's who of the Oscars and the Grammy Awards.
00:05:27.100I think I should have said Grammys, not Emmys.
00:06:04.580And for for his weekend with Diddy Camp.
00:06:07.180I mean, we don't know, but it certainly looks like Justin Bieber is still suffering the fallout from whatever happened to him as he was coming up the ranks of the music world.
00:06:42.480Then there was Usher going on with Howard Stern talking about how he was living with Diddy for almost a year and how he would never, never let his young sons at his age then go and do that kind of thing.
00:06:56.440Like these are guys who are indebted to Diddy professionally saying, you know, this is Usher at least saying this is insane.
00:07:05.180I believe I believe this guy has been abusing people severely for a long, long time.
00:07:13.500And I don't think the government's wrong that he behaved like a mob boss.
00:09:34.160She testified she stayed down because she thought it would minimize her injuries.
00:09:37.320And he's literally dragging her down the hallway and back into the hotel room.
00:09:42.840There are a number of reasons the prosecution started with that.
00:09:45.320And with this witness, who is a third party, not alleged to be a victim of Diddy's, not a friend of Diddy's, not a friend of Cassie's, not a sex worker, no one directly involved in this case.
00:09:55.740This is an LAPD guy who said not only was he there and saw the visible injuries on Cassie, but said that Diddy offered him a bribe.
00:10:06.060He offered him $100,000 wrapped in a wad.
00:10:09.800First of all, who the hell's walking around with $100,000 cash on them?
00:10:12.720So, um, wrapped in a wad and that he declined it and he was smart enough to take out his cell phone and videotape the videotape that was on the security cameras.
00:10:23.820He was going home for the weekend and he was very wise to do it because he said when he came back on Monday, the hotel tape had disappeared.
00:10:33.200And the testimony was that Diddy did find some security agent willing to delete it.
00:11:13.020But there's no question in my mind that this is part of a pattern of abuse that probably went on for years and probably spanned across multiple individuals.
00:11:23.400And part of the thing we don't know right now is who else is the government calling?
00:12:04.600No, he's admitted that against Cassie in that video because he had to, but he denies sex trafficking and he denies racketeering and he denies the prostitution charges and he denies being a serial abuser.
00:12:16.820But I mean, there are stories, again, about him firebombing Kid Cudi's car because Kid Cudi was dating Cassie.
00:12:51.820What, what happened, um, in the past with some of these big rapper battles like Tupac Shakur?
00:12:59.260There are all sorts of questions about what Diddy has done, to whom, when, how extensively involved, none of which this trial is going to get into.
00:13:09.220They've decided, sort of Al Capone-like, to focus on the few charges they think they can prove beyond a reasonable doubt, and the rest is just sort of noise.
00:13:19.900But, you know, it shouldn't be for the press, the public.
00:14:12.500Instead of having, like, a healthy disdain for that and questioning, you know, how'd you get it?
00:14:20.380You know, like, I'd like to know more.
00:14:22.800If I sit next to Tom Brady at a dinner, I'm going to know exactly how he got his money, and I'm fine with that.
00:14:27.280But, like, an Epstein and a P. Diddy or a Weinstein about whom there's always been a rumor mill of bad behavior, I mean, it just makes you wonder.
00:14:36.800Like, before you actually get in business with this person or in bed with this person, how much more would you need to know?
00:14:44.460How much due diligence should you be doing?
00:15:44.300That he has, with others, and just because no one else has been charged, which normally in a RICO case, you would have others charged.
00:15:52.480It's, it's really, it was, it was a statute that designed to get mob bosses trying to get at criminal behavior.
00:15:57.920That's like an, a web of criminal behavior that you can't necessarily prove like the one thing or the statute of limitations expired on the other thing.
00:16:04.860But you're just showing this bad guy who's operating what's clearly an enterprise that over and over engages in criminal problems or criminal acts.
00:16:11.140So they've used it against many non-mob bosses since it was created, and they've used it against people like Epstein, they were going to, um, for this kind of behavior.
00:16:23.860So what they're saying is that the defendant and others, known and unknown, being persons employed by and associated with his enterprise, um, engaged in, and in a way that affects interstate commerce, uh, they conspired together and they engaged in an effort to violate the racketeering laws of the United States.
00:16:41.640And what they say is that we mean that, um, they committed multiple acts involving, by the way, under the law, I think you just need to multiple acts involving kidnapping, um, stand by reading through their indictment, kidnapping, arson, bribery, and more.
00:17:05.220The general, uh, the, the general, uh, list at the front of the complaint says, uh, arson, bribery, and obstruction of justice too.
00:17:11.940So among others, now the kidnapping and, um, stand by, I'm just looking at my, my list here, kidnapping, arson, that's probably going to be the Kid Cudi stuff.
00:17:51.500And just because the state prosecutor in California did not bring charges against Diddy, which he should have.
00:17:59.820But again, that tape, that tape was kept secret for some 10 years.
00:18:04.100Um, so the statute of limitations may have expired.
00:18:06.400So it's not being charged as an individual act, but that her showing us that and saying, I was escaping a freak off and dragged back in there to continue is kidnapping.
00:18:16.460And on top of it, it meets the other, it meets the other elements as well.
00:18:22.500It's a person in a room with a sex prostitute, which she testified to someone being paid to be there to engage in sex acts.
00:18:39.060And there was testimony that he did this with her across state lines and outside of the country, too, like down in Turks and Caicos or some one of those tropical islands not owned by the United States.
00:18:48.820So that is the second count, sex trafficking by force, fraud or coercion, saying that from at least 2009 up until 2018, he in and affecting interstate and foreign commerce, knowingly recruited, enticed, harbored, transported, provided, obtained, advertised, maintained, patronized and solicited by any means.
00:19:10.080It's a person knowing and in reckless disregard of the fact that means of force, threats of force, fraud and coercion would be used, what they're trying to say to force that person to engage in a commercial sex act.
00:19:20.840What they're saying is in interstate commerce, he transported, would be enough, a person through means of force, fraud or coercion into a commercial sex act.
00:19:36.280Okay, well, where was the force, fraud or coercion?
00:19:39.820The prostitutes are going to testify that they did it willingly.
00:19:43.020Now, the first guy said I was there willingly, they're paying me, but he also took a picture of my license and seemed to be threatening me that if I spoke or didn't behave as he wanted me to, he was going to, you can hurt me.
00:20:20.880So you don't, and then you also have to prove that he knew, Sean knew that the victim was engaging in this act as a result of force, fraud or coercion.
00:20:30.100Well, the defense is offering emails of her saying, I want to do the freak offs.
00:20:38.620So far, 2010, there was some testimony, some email correspondence.
00:20:43.360They're not sharing all the email language with us before that 2016 one that resulted in the beating that we saw in the hallway.
00:20:50.220But even if they have an email suggesting she wanted to do that one and she's disputing that, seems pretty clear on the tape she was done with the freak off.
00:21:01.520Seems pretty clear the consent had been withdrawn.
00:21:05.340And by the way, as a legal matter, a woman can withdraw her consent to a sex act literally in the middle of sex.
00:21:12.320The first two minutes can be consensual.
00:21:15.460And if she says, I'm done, get off of me, the next minute would be rape if he doesn't listen.
00:21:35.620And if he chases you down the hallway and grabs you and pulls you back into the room where the commercial sex worker is there on the clock for money, you're effed.
00:22:04.580But she's doing more of a narrative explanation of what happened, saying in the beginning of our relationship, by the way, there was a 17 year age difference.
00:22:22.740She was as green and doe eyed as they came.
00:22:26.700And this older, much more successful, more sophisticated, bully, criminal thug took advantage of this young girl.
00:22:36.220So beautiful, so beautiful, everything in front of her and lured her her into his world through promises of making her in the music industry, re.
00:22:47.280Remaking her, you know, making her over, teaching her how to dress and how to be in a way that would be enticing for others.
00:22:55.940Of course, that would be extremely alluring for any young woman.
00:23:34.680And she testified that he beat her many times.
00:23:37.460And the second witness of the case was a sex worker, not the one who was in that room for the 2016 Intercontinental Hotel incident, freak off slash beating, but a different one, a different sex worker, the one who said, I had to show my license.
00:23:54.140And he said he heard Diddy slapping her behind closed doors, that they had an argument.
00:24:00.280I think that he threw a bottle at her and then they went behind closed doors and he heard him slapping her.
00:24:06.280And he heard her saying, I'm sorry, I'm sorry.
00:24:09.080And then he expressed his concern directly to her.
00:24:11.600He sounds like this guy was kind of falling in love with Cassie.
00:24:32.120Again, yes, he was involved, not like the security guard.
00:24:34.480He was involved in their relationship and their freak offs.
00:24:36.880But he's setting the stage in the prosecution with those first two witnesses is setting the stage that this was not a purely voluntary thing.
00:24:45.700That Cassie did feel coerced and feel like she had no other choice and understood very well that there would be a high price to pay if she did not do what he wanted.
00:24:55.540And it really doesn't matter, again, if that coercion began mid freak off, pre freak off, or if in the beginning of their relationship when she was very young, 2008, 7, 9, when they're showing her her loving texts toward Diddy, that she was genuinely in love with him and possibly wanted to do these things.
00:25:18.380And she was explaining that she did love him, that she felt there was actual tender love between the two of them, and she felt he loved her too, though he was dating other women, he was hiding her, he wouldn't bring her out in public, she didn't like that, he was spending all the holidays with Kim Porter, the mother of some of his other children.
00:25:36.920There are many, many baby mamas in his world, and he wasn't treating her in any way like an equal or a partner, but this poor lost girl who now had been hooked by this guy had been repeatedly, I mean, it's a form of sexual abuse what he was doing to her, whether she knew it or not.
00:25:56.940It is not love to take a 17 years younger, 19, 20, 21 year old girl, and have some sex worker come into your private home or hotel room and urinate down her mouth to the point she's gagging.
00:26:23.000That's one of the many reasons I think he's a disgusting, perverted criminal, it's my opinion.
00:26:29.800And she was fooled into believing it was, because she was young, I don't know what her background was, but I guarantee you it wasn't great.
00:26:36.820And she testified that even now, even up until the recent, you know, past couple years, she's had suicidal ideations, she's married now to what appears to be a nice man, by all accounts.
00:26:49.580They've got a child, and she's, I think they've got two children, and she's about to give birth to number three, that's why they had to rush her onto the stand, because the prosecution understands she is the star witness, and, you know, she's got two weeks to go, this baby could come at any time.
00:27:01.960And everybody understood, once the baby's here, all bets are off, she might not testify.
00:27:07.520So they were right to put her on the stand, but even now, with her life ironed out, and a good man, by all accounts, in her life, she's still having suicidal ideations, or at least was up until recently.
00:27:18.320She was very tearful on the stand, she's very soft-spoken, this is not some strong, fierce, badass woman.
00:27:25.880Even in the text messages, you can tell, she's very sweet.
00:27:28.660Even the defense counsel seemed to be conceding that in the cross-examination of her, and their answer to it is to have Diddy sitting there in a sweater.
00:27:39.560For a listening audience, I have a gray sweatshirt on today, but, like, you know, in a sort of a wool sweater like this, with this little polo collar and a Bible.
00:27:48.860His hair is gray now, and he's wearing reading glasses.
00:27:55.160He only called himself Pop-Pop in his texts with her, because he found out that was her endearing term for her Grandpa, like it was for me and mine.
00:28:30.460So the defense yesterday got their hands on her Thursday for the first time, and they were all over the map.
00:28:41.380They were scoring some points in terms of she loved him.
00:28:45.040She was definitely requesting at least a couple of these freak-offs, and it's in writing.
00:28:50.620Now, she was saying those are just words by that point.
00:28:53.460She was denying that she actually wanted them.
00:28:57.120And it's hard, because if you look at the overall narrative of her first two days on the stand, she was talking about the coercion and the control he had over her and how she didn't want to be doing it.
00:29:06.720And she knew she'd pay a price if she didn't, and she was afraid of him, and he would physically threaten her.
00:29:12.020So it's—okay, you can pull out, like, in the course of hundreds of these things, one or two where she's trying to please him.
00:29:18.020And she also testified that some of the time she knew she had to, and so she'd volunteer to do it, like, three days in advance—that's the 2016 one, she said—of an awards ceremony she was supposed to appear at, because she knew she'd have to take drugs to get through it, and that sometimes she would be physically hurt.
00:29:36.560And she wanted to look nice at her movie premiere or at the premiere of, you know, an album, an awards show.
00:29:44.620So she would try to convince him to get it done, like, three days before so she could recover from these things.
00:29:57.480And just keep in mind, she's not the only one.
00:29:59.120We're going to have more women come forward, we believe, and take the stand and say he did this with them, too.
00:30:03.720And as far as the racketeering goes, there's been testimony that his staff was facilitating it.
00:30:12.080They would set up the rooms, they would deconstruct the rooms, they would clean the rooms, they would bring in fresh linens from all the blood and human fluids and baby oil that were all over the beds of these hotels.
00:30:30.020I know we're all kind of joking about baby oil now.
00:30:31.860It's just sick, like he wanted to heat it up.
00:30:34.360He wanted her putting it on sex workers, the sex workers putting it on her.
00:30:37.820He wanted her to watch him with female sex workers, too, made her do that.
00:30:44.660And the defense is trying to say it's all consensual.
00:30:47.860We've got these emails showing some of them were at her request or she was at least open minded or seemed to anticipate, seemed to be anticipating it with favor.
00:30:59.520As for the beatdown we've seen on tape, they seem to want to suggest he was angry about his phone, something had happened to his phone, and not that she left the freak off.
00:31:11.460Now, they're not going to get that in evidence in any meaningful way unless he testifies.
00:31:14.980And if he testifies, all bets are off.
00:31:22.540I think it'll seal his fate beyond doubt.
00:31:25.060And he's just arrogant enough to think he might be able to get away with it.
00:31:28.120But unless they can convince the jury through some other means that that's what he was angry about when he beat her, I think they're going to accept Cassie's testimony because she was quick to, you know, own it when she didn't know something.
00:33:08.740But things don't get any more emotionally relaxed in the first four weeks of motherhood after you have your baby either.
00:33:17.980So Claire is very important to her to take the stand and do this.
00:33:21.800And there's no picture whatsoever being painted of her as a villain.
00:33:26.820That's why I say it's not like Amber Heard.
00:33:29.100Even the defense seems to be conceding this is a sweet lady.
00:33:32.140Their best defense is she was into it.
00:33:36.460And I'm sorry, but that, that hotel videotape is just absolutely freaking devastating to their case.
00:33:44.440Because what we know more than anything is she was not into it that day.
00:33:50.140All she wanted was to get away from him.
00:33:53.820And he came out there like a criminal thug, beat the shit out of her, and dragged her back to his room in which he was sitting naked prior to putting on that towel.
00:34:06.420I, I just think that's going to be enough for most of you, most of these jurors.
00:34:35.580Oh, and by the way, he tried, they tried to establish through Cassie when she was on the stand that he was upset because they took bad drugs the night before.
00:35:18.400Interstate and foreign commerce, there was testimony that they crossed state lines and even country lines that he transported or provided or obtained or patronized or solicited any person to engage in a commercial sex act.
00:35:35.100Again, by use of force, threats of force, fraud, and coercion.
00:35:43.380The sex worker is the one who makes it commercial.
00:35:45.960He definitely transported and provided and so on prostitutes into these rooms.
00:35:52.660I think the jury's going to accept that.
00:35:55.000And then the last piece of that second count is that he did it knowingly and in reckless disregard of the fact that it was by force, fraud, and coercion.
00:36:04.100And that's one of the things they're going to argue.
00:36:18.040That's just how are they going to get around that?
00:36:19.600There's a reason the prosecution opened its case with that videotape.
00:36:24.300And I don't know what else we're going to see on these videotapes or what else the jury is going to see.
00:36:28.620You know, the prosecution has held its cards close to the vest.
00:36:32.460The one unknown dynamic here is not totally wowed by the strength of the lawyering on either side.
00:36:42.680Believe it or not, you have James Comey's daughter as the lead prosecutor and you have Mark Garagos' daughter as one of the lead defense attorneys.
00:36:57.380And Mark Agnifilo is the guy who defended Keith Raniere in that NXIVM sex cult case from Albany, New York, you know, my hometown.
00:37:07.280And I think if you remember, I've shown you my interview of him when I was in NBC on the NXIVM case and how he was going to defend these claims by these women who got branded as part of a Keith Raniere sex cult with his initials.
00:37:22.280And Agnifilo said to me, oh, same defense he's bringing here.
00:37:29.480Look, this is a New York jury, he said.
00:37:31.780We don't do, you know, disempowered women.
00:38:04.760It's like he tries to spin like a girl power moment out of all of this.
00:38:10.880Like, no, it's impossible for a strong woman to be abused or something.
00:38:15.560And that's the other defense, of course, that this is all just a weird sex life.
00:38:18.740But I do think we have to bear in mind there's something dangerous about not understanding that domestic violence can absolutely be a part of sex trafficking.
00:38:33.260And a racketeering case like this, where you're saying it's a criminal enterprise in which you force multiple women into your weird sex web.
00:38:42.440That involves other criminal acts potentially, like kidnapping, like assault, like drugs.
00:38:49.200And there's been some testimony to that effect as well.
00:38:51.360Well, just because domestic violence is a thing that happens outside of the sex trafficking arena, happens in people's private homes every day in this country far too many times.
00:39:06.380So just because it isn't a thing, it is a thing that's independent of potential criminal charges involving racketeering or sex trafficking, doesn't mean that racketeering and sex trafficking will never involve domestic violence.
00:39:19.000Or just because a freaky sex life can happen and does happen every day in this country in non-criminal settings, doesn't mean that it can't cross over to being a part of a criminal enterprise like racketeering or something you would see on camera or hear testimony about in a sex trafficking case.
00:39:40.880So we have to be aware that this is the only defense that's available to Sean Combs.
00:39:49.480She wanted it is really what he's saying.
00:41:29.080Lawyers on the prosecution and the defense side squaring off against one another and each building the planning the seeds for their garden.
00:42:45.220I believe there are probably unindicted co-conspirators who are probably going to take the stand against Diddy and say, I arranged the room.
00:45:05.940You know, listen to the reason Billy Bush describes himself handling Donald Trump on that now infamous bus trip when Trump was the biggest star at the network and Billy Bush worked for Extra or Access Hollywood.
00:45:18.360And he's like, of course, of course, that's my business.
00:45:24.140That's like the whole game is ongoing access.
00:45:27.700There's no one willing to take a serious look and do some real investigative reporting on these people.
00:45:33.700And there must be because we have to figure out exactly how widespread his alleged criminal acts may possibly go.
00:45:46.100He denies all of this and is outraged at the allegations being brought against him.
00:45:50.660And in fairness to Diddy, some have clearly been made in the wake of Cassie's lawsuit that appear to be absolute bullshit, you know, money grubbers who've decided to try to get on the Diddy gravy train and shame on them because they undermine the legit claims being made against him or what appear to be.
00:46:09.080So we have to proceed with an open mind toward his defense.
00:46:12.040And look, maybe he's got some ace in the hole that we haven't yet seen.
00:46:15.140And maybe he will take the stand and get in more evidence of consent and participation and what happened on that tape that we don't yet know about.
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