Feds Ask Judge to Drop Three Charges: Everything Explained

Jury Instructions Day + What to Expect Before Verdict Day

This morning, the internet lit up after a letter from the government to the judge in the Combs case began circulating online.

Meghann Cuniff—known to many as “Meghann the Reporter”—was the first to break the news on X.

“Prosecutors say they’re no longer going to argue attempted kidnapping, attempted arson, and aiding and abetting sex trafficking as liability for Sean ‘Diddy’ Combs’ racketeering conspiracy charge,” she wrote.

In a follow-up tweet, Cuniff added:

“The AUSAs actually say something about “streamlining” jury instructions before revealing their true motive: to ‘avoid any confusion as to the operative agreement for Count One’ aka the alleged agreement Combs must’ve entered into with a conspirator to be guilty.”

In a third tweet, Cuniff speculated that the racketeering charge may be the government’s most vulnerable.

“The racketeering conspiracy charge is the weakest charge against Combs, and proseuctors apparently realize that,” Cunniff reported.

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The Letter Addressed to The Honorable Arun Subramanian:

Dear Judge Subramanian:

The government respectfully writes regarding its requested edits to the Court’s proposed jury instructions.

The Government understands the Court’s desire for streamlined instructions. With that in mind, the Government has suggestd ways to streamline those instructions. Specifically, the Government has removed instructions from the charge relating to (i) attempted kidnapping under both California and New York law, (ii) attempted arson under California law, and (iii) aiding and abetting sex trafficking. The Government is no longer planning to proceed on these theories of liability so instructions are no longer necessary. The Government has also attempted to simplify the language relating to Count One- a proposal, as explained in the Government’s comment bubbles, that the Government hopes not only serves the purposes of streamlining the instructions but also will avoid any confusion as to the operative agreement for Count One.

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YouTubers began making videos titled “FEDS DROPPED MAJOR CHARGES AGAINST DIDDY!! The general public started getting confused and beginning to think that meant that the entire RICO was dropped completely.

I posted a video from my 2-star Long Island hotel where I said that I was not surprised to hear that prosecutors want to remove “kidnapping” as one of the charges from the RICO as I remember sitting and court and feeling like that charge was weak.

Capricorn Clark, Diddy’s former assistant, took the stand to testify about the time Diddy kidnapped her and took her to Kid Cudi’s house.

When cross examined, Diddy’s defense attorneys asked Clark why she didn’t try to get out of the car and she said “because I was scared of mountain lions.”

After I posted about the letter, comments started flooding in accusing me of spreading fake news. The Breakfast Club had just reported the letter was a hoax.

But within minutes, a Combs representative confirmed to me—and other independent reporters covering the case—that the letter was real.

Combs Rep Confirms Letter is Real

“The prosecutors have not dropped the racketeering conspiracy charge against Mr Combs, they’ve simply narrowed down the list of alleged predicated acts they’re using to support it,” the rep told me.

“They’re trying to dumb it down for the jury for what they think they’re able to prove,” the rep told me this morning.

To secure a RICO conviction, the government must prove specific underlying crimes that support the charge. Now, just before jury instructions are finalized, prosecutors are asking the judge to revise the language that will shape how jurors evaluate those crimes.

YouTuber Armon Wiggins tweeted “In short, Diddy’s main RICO charge is still alive. The feds are just being more focused—instead of saying he did 10 illegal things, they’re not saying “here are the 3 or 4 we’re sure about.”

Judge Has to Approve Government’s Request

As of now, the government’s request has not been granted. The judge is expected to rule today on whether to approve changes to the jury instructions, including the removal of three predicate acts—kidnapping, arson, and aiding and abetting sex trafficking—from the RICO charge.

Today’s conference has been rescheduled from 12:00 PM to 2:00 PM and will remain open to the public and press.

I’ll be heading back into the city to report firsthand. For now, the RICO charge stands—but federal prosecutors are actively pushing to narrow the scope of what the jury will be asked to consider.

Verdict Sheet

Below is the current version of the verdict sheet—this is what jurors will use to determine whether the government has proven each count beyond a reasonable doubt.

Closing arguments begin tomorrow and both sides are expected to take about four hours to make their final statements to the jury that will determine the fate of Sean “Diddy” Combs.

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Coming Up Next:

Tomorrow, Substack subscribers will get exclusive access to a conversation with a clemency expert, who will break down the Combs case and weigh in on whether Donald Trump would consider granting a pardon if Combs is convicted.