The 3:00pm hearing happened. Here's how it went:

Sean Combs comes in from the holding cell in MDC jail tan, walking fine - hugs his lawyers and sits down.
Now just waiting for Judge Subramanian

Still waiting for the judge.
Combs is chatting with his lawyer Anthony RIcco seated to his left, in a bow tie.

All rise!
Sean Combs' lawyer Agnifilo: We expect Alexandra Shapiro to arrive at any moment from the 2d Circuit. I have Sean Love Combs to me left.
Judge: Fine. What are you seeking?
Agnifilo: We want to know how his notes with lawyer came into their possession

Combs' lawyer Agnifilo: He has an expectation of privacy in his legal notes.
Judge: This occurred during a BOP Bureau of Prisons sweep of the jail - but you're saying it was a pretext?
Agnifilo: Yes. 19 pages of the notes were given from the taint team to them

Combs' lawyer Agnifilo: We know enough to make out a Constitutional violation. But we need to know more detail about the failures. We haven't been able to test their explanation. We need the surveillance video of the search

Combs' lawyer Agnifilo: We need the communications of Investigator-1. We need to know the role of the US Attorney's Office on what should be photographs. The search was for d**** and guns and cell phones - but these are Mr. Combs' legal files

Judge: Keep it on the logistics.
Combs' lawyer Agnifilo: We're not sure it was Investigator-1 was the one doing the search. Who interviewed Mr. Combs? Who went to the area where he legal papers were? Once we know that, we could have a 5th Amendment transgression

Combs' lawyer Agnifilo: We may ask for dismissal of the indictment. Or for the recusal of the prosecution team.
Judge Subramanian: They used two portions in responding on bail? And you want me not to consider those?
Agnifilo: They need to hand over the notes

Combs' lawyer Agnifilo: We don't know what the taint team has. We want to know. And we want the material back while this is pending. We cannot waive his attorney client privilege. We have to be direct, or aggressive, not sure that's the right word

Judge Subramanian: Government, what happened here? Why were they taking photos of Mr. Combs' notebooks?
AUSA Mary Christine Slavik: None of the prosecutors had contact with them.
Judge: But Investigator-1 was monitoring Mr. Combs' communications in and out

Judge Subramanian: Is this a Fourth Amendment violation?
AUSA Slavik: The BOP investigator works for the BOP Bureau of Prisons. He is focused on safety, and if the defendant is in compliance with BOP rules - he was not. It is true that BOP gave us the info

damn ktt got its own court stenographer

AUSA Slavik: None of the prosecution team were aware that Investigator-1 was going to be part of the sweep.
Judge: When did you become aware that photos had been taken of Mr. Combs' notes?
AUSA Slavik: After the sweep.
Judge: But before the grand jury subpoena?

"I love some of the Gaga songs, what the f*** does she know bout cameras?"

Judge: So there's nothing else?
AUSA Slavik: Mr. Agnifilo says the defense team does not know what the taint team has. But we made a production to them last night of everything, not just the 19 pages that were passed to the case team.

AUSA Slavik: These material were obtained as part of the Government's covert ongoing grand jury investigation
Judge Subramanian: Is it standard procedure to photograph notebooks, rather than take them so it could be known they were taken?
AUSA Slavik: I don't know

free him

AUSA Slavik: We are not required to notify the defense of our ongoing investigation of criminal conduct. We received these materials in an appropriate channel. Whenever we get new information, if there's reason to believe there's privilege, it goes to filter team

Judge Subramanian: If they were verbatim notes of his meetings with his lawyers, how would you know without asking the defense?
AUSA Slavik: Our filter team does a serious job. This investigation was covert. We had a lot of information before charges were brought

AUSA Slavik: I understand there is a dialogue between the defense and the filter team. I'm not part of that.
Judge: I don't understand that dividing line, between the covert investigation and discovery in these case, given that the defendant has been charged.

AUSA Slavik: Our grand jury investigation is ongoing, into conduct that has not currently been charged. We have multiple ways to get information that are not obvious to the defendant. We are not obliged to inform them. They have no authority for that

Judge: I want to be cautious, since some of this is sealed. But is any of this privileged?
AUSA Slavik: The notebook was labeled "Things to Do," not "Attorney Client." They suggest they were meant to be in the folder marked "Legal." But self-labeling is not enough

AUSA Slavik: These include action items for non lawyers. That's not privileged. There information about family members' birthdays - also not privileged. We point to the "Lumiere" decision by Judge Rakoff. We are happy to engage with the defense