Combs' lawyer Shapiro: In the Lafontaine case from 2000, the defendant told someone to lie by phone from the MCC. In the Gotti case from 1996, the head of the Gambino crime family, the witness received a "kick in the ass" - the government does not have that here

Combs' lawyer Shapiro: We cited the Trump case, defendants have greater rights to speak than their lawyers. An Instagram post as well as- I don't know if I can --
Judge: His communications from the MDC?
Shapiro: He says the prosecution is motivated by racism

Combs' lawyer Shapiro: This is covered by the First Amendment. Messages they point to are not instructions to lie... There is a barrage of negative media coverage. He has a right to respond to that.
Judge: Why not through counsel?
Shapiro: We're happy to do that

Combs' lawyer Shapiro: But we're lawyers, it's not really what we do. Some of these recordings show that he's telling people, just tell the truth, talk with my lawyer.
Judge: Victim-3, you're saying the communications are fine?
Shapiro: Yes. Same on Witness-1 & -2

Judge: What about the communications that are missing?
Agnifilo: Witness-1 reached out to Mr Combs' counsel & asked us for a lawyer. We didn't do anything along those lines because it was an odd request. I don't know the factual answer
Judge: How do you know know?

Judge: How did you NOT know?
Combs' lawyer Geragos: There was a message from Mr. Combs to Witness-1, I'll like to give it to you under seal, AUSA Foster may know.. It does not give rise to the level of obstruction. I do not have the actual message

Combs' lawyer Geragos: My client obeys me - for example on Victim-3. He stopped using ASAP and other phone lines. The messages with Witness-1 were pre-arrest. He obeys us. He came to New York. In the BOP, when I tell him not to so something, he doesn't.

Combs' lawyer Shapiro: I submit that the charges in the Jeffries / Abercrombie case are worse than here - they allege an international s***trafficking business - they were raped and forced to engage in an*l sex, EDNY says at Dkt 9

Combs' lawyer Shapiro: While in Jeffreys case one defendant is 80 and the other 71, Mr. Combs is 55, I hate to say it, that's not that young...
Judge: The US suggests he won't follow conditions.
Shapiro: These conditions are more restrictive than in the prison

Judge: Mr. Agnifilo, where is the home he'd be in?
Agnifilo: I don't want to give the address. It's on Star Island, there's a causeway. There is a dock. But there would be no boat.
Judge: That's not going to work. Where in New York?
Agnifilo: Give me a moment

Combs' lawyer Agnifilo: There is an apartment on the Upper East Side. We have one available. Three bedrooms.
Judge: Where are the 24/7 security going to be?
Agnifilo: Would you like to speak to him? Or me? It's Patriot Security, they merged with Crisis 24

Agnifilo: There'd be two security guards in the apartment, and one downstairs. So a total of 3. No access to phones or the Internet except for calls with counsel arranged by the security personnel. This is more restrictive than in the MDC

Agnifilo: Mr. Combs would avoid all contact with anyone who may be a witness... I think he has a right to do that, but I want to make it as easy for the court as possible. We are going to investigate thoroughly, before the May 5 trial. He has a right to assist

Judge Subramanian: The Government is saying, Mr. Combs would be paying these people. It comes down to trust.
Combs' lawyer Agnifilo: It's a different relationship. These are professionals that are only going to be in his life for 8 months. It's a high profile case

Agnifilo: He's been in jail 66 days without a laptop. He only got one a few hours ago. What is unique here is to have waited nine weeks to get laptop into the MDC.
Judge: The solution is for you to come to me. We can call these hearings which get things done

Combs' lawyer Agnifilo: I have a whole presentation ready about the tape - but if you've got enough, I can save everyone 15 minutes.
Judge Subramanian: I have reviewed it. Who is here from Pre-Trial Services?
Pre-Trial Service: We maintain conditions insufficient

Judge: Have there been other cases with private guards?
Pre-Trial: Not that I'm aware

AUSA: Consider Witness-1, a participant in multiple freak offs. Defendant continued to contact Witness-1 after counsel was retained. The Instagram post was planned for a week using ContactMeASAP and other inmates' codes

AUSA: His family member said, the lawyers say not to do it and the defendant responds, I don't care, it's my birthday.
Judge: Ms. Shapiro said sharing codes is common, and the conduct was covered by the First Amendment.
AUSA: BOP hand book prohibits this

AUSA: Defendant has used at least 8 inmates' codes, he's bought them.
Judge: They say ContactMeASAP operates through TRULINCS Trust Fund Limited Inmate Computer System
AUSA: It's not permitted... In the Jeffries, one is detained
Judge: A foreign national

AUSA: This is more similar to the cases where detention was ordered: RKelly, Keith Raniere, Larry Ray

Judge: I suggest both parties put in letters by Monday at noon, about what type of communications Mr. Combs may engage in. Monday at noon. I see people from the 2d row standing up...
Combs' lawyer Tony Ricco: We had to email for a week to get him file folder

Combs' lawyer Ricco: His adult children are willing to obey. He's not a lawless person. We spend hours at the MDC. Mr. Combs was writing down what I said. He's not out of control. DOJ is responsible for the MDC, those call from me all the time and I hang up

Combs' lawyer Ricco: He has access to cell phones in the MDC - but not under our conditions. He fights? He kicks? He makes phone calls? This can be addressed. Thank you.
Judge: We're going to get a decision out prompt, next week

Judge: Letters Monday. Adjourned.