- Federal prosecutors want a judge to admonish a lawyer helping Diddy, who also co-hosts a TMZ podcast.
- The attorney, Mark Geragos, said on his "2 Angry Men" podcast that Sean Combs has a "violent temper."
- Geragos appeared to be clued in, correctly predicting another legal hire Combs would make.
Federal prosecutors asked the judge overseeing Sean "Diddy" Combs' criminal trial to admonish a lawyer advising his defense, arguing it was inappropriate for the attorney to discuss the case on his TMZ podcast.
The lawyer, Mark Geragos, co-hosts the "2 Angry Men" podcast with Harvey Levin, the founder of TMZ.
In an episode posted online Friday, Geragos discussed a key piece of evidence expected to be shown at trial — a security video showing Combs beating his then-girlfriend, Cassie Ventura, in a hotel hallway — and described it as "character assassination."
"You give the prosecution props," Geragos said on the podcast. "It's a prosecution by proxy."
Geragos said footage of the video that previously aired on CNN was edited in a misleading way.
The original footage, a version of which is expected to be shown in the trial, may back up a version of events presented by Combs's lawyers, he said.
"I've known Sean for a long time. He has a violent temper, especially when you combine it with the drug use," Geragos said on the podcast. "But that isn't what he's charged with."
In court, Combs's legal team has said that Ventura hit Combs in the head during an argument and then left the hotel room with a bag of his clothing, leading him to chase her in the hallway.
"Have you ever had a situation where your significant other took your cellphone?" Geragos said. "And does that take you from 0 to 60 really quick?"
Geragos hasn't filed court papers indicating he's representing Combs. But he has been in the courtroom sitting with Combs's legal team during jury selection on Monday and Tuesday.
Prosecutors said Geragos's "apparent role as an advisor to the defendant and the defense team" means his podcast comments violated a rule about lawyers giving "extrajudicial statements" while the case is ongoing.
"The need for the Court's admonishment is necessary given that as recently as three days ago, Mr. Geragos spoke at length about the trial in this case in his podcast called '2 Angry Men,' Mr. Geragos's podcast with Harvey Levin, the creator of the tabloid news organization TMZ," prosecutors wrote in their Tuesday letter.
Combs has appeared to be deeply involved in the jury selection process. On Tuesday, he was in constant conversation with his two lawyers beside him and nodded when particular jurors told the judge they believed they could serve fairly.
On the podcast, Geragos said he would continue to discuss the Combs case in future episodes. Neither Geragos nor representatives for TMZ immediately responded to Business requests for comment from Business Insider.
Federal prosecutors in Manhattan have accused Combs of sex trafficking women, using the resources of his record label and other businesses to stage "freak offs" — elaborate, drug-fueled sexual performances. He has denied the charges and all allegations of sexual abuse.
Ventura, who dated Combs for about a decade, is expected to testify in the criminal trial as a victim. Combs previously settled a civil sexual assault lawsuit she filed against him.
In the "2 Angry Men" podcast episode, Geragos discussed other elements of the case, including what he expected from jury selection and how the prosecutors would handle the case.
"You've got a six-pack of white women," Geragos said of the all-female prosecution team.
He also said he hasn't been able to get information from his daughter Teny Geragos, an attorney at the law firm Agnifilo Intrater, who is representing Combs and has formally filed the appropriate papers to do so.
"You raise it through college and you get nothing," Levin joked.
"I can put it through college and I get not only nothing, I get a lot of pushback," Mark Geragos responded.
Nonetheless, during the Friday podcast episode, Geragos appeared to be clued in on the case behind the scenes.
According to Levin, Combs' legal team "really, really wanted to get a female Black lawyer — I think for kind of obvious reasons" but weren't able to hire one.
Geragos pushed back.
"Well, I'm telling you, I'm not so sure that you're right. I'll leave it at that," Geragos said. "I'm not going to speak out of school, but I've heard very strong rumors."
On Tuesday afternoon, another lawyer filed an appearance to represent Combs: Nicole Westmoreland. She is Black.
Westmoreland previously represented Quamarvious Nichols, a codefendant of rapper Young Thug, who pleaded guilty to racketeering charges in Atlanta last year.
