Sean “Diddy” Combs attempts to suppress evidence of the Cassie attack video

Sean Combs, who is accused of sex trafficking and racketeering, is accusing the government of major misconduct related to the release of evidence to the media that he says prevented him from receiving a fair trial.

To get a hearing on the matter filed Wednesday, Combs' lawyers are seeking a court order that would bar a potential jury from considering such evidence, including hotel surveillance footage showing him violently attacking singer Cassie, or be fired face all charges if it is proven that the government was the source of the leak. The video published by CNN was part of a seven-month campaign initiated by prosecutors and federal law enforcement officials to “incite public hostility against Mr. Combs ahead of the trial,” they allege.

The motion was filed after Combs, also known as “Diddy,” appealed a court order denying him bail for the second time on Tuesday. He is currently incarcerated at the Metropolitan Detention Center in Brooklyn.

In September, federal prosecutors filed a three-count indictment accusing Combs of crimes related to an alleged decades-long pattern of physical and sexual violence against people around him. The government accused him of running a vast criminal enterprise in which he attacked and trafficked women since at least 2008 with the help of his various business partners.

Combs has maintained that the sexual encounters with his accusers were consensual.

The footage, which shows Combs in a towel punching, kicking and dragging Ventura as she tries to escape, has emerged as a key piece of evidence in the case. During the bail hearing, prosecutors argued that this showed his propensity for violence. Prosecutors are expected to argue that he violated sex trafficking laws, which require proof that “a commercial sex act is procured by force, fraud or coercion.”

Combs' lawyers claim the Department of Homeland Security leaked the video to CNN to force a grand jury indictment and prevent him from receiving a fair trial. They argue that Cassie, whose full name is Casandra Ventura, is likely not the source since she secured an eight-figure settlement.

“The videotape was leaked to CNN for one reason only: to fatally damage Sean Combs's reputation and prospect of successfully defending himself against these allegations,” Combs' attorneys Marc Agnifilo and Teny Geragos wrote in the filing.

The hearing, if granted, will determine whether federal prosecutors violated court rules requiring the secrecy of grand jury proceedings and materials. Under a federal code of criminal procedure, the government is prohibited from disclosing “anything that sheds light on what happened.”

Ahead of the potential hearing, Combs' legal team is asking the court to order the disclosure of any emails or text messages from prosecutors or law enforcement officials about the investigation.

“After the evidentiary hearing is completed and the extent and nature of the misconduct is determined, Mr. Combs will file motions for further appropriate relief, including disqualification of witnesses, suppression of evidence, including the 2016 video, or dismissal of all charges in.” the lawsuit. “Indictment,” the file says.