Warner Bros. Fights Back Against Diddy’s Push for Unedited Documentary Interview Tapes
Warner Bros. legal representatives have requested a New York judge to dismiss a subpoena from Sean “Diddy” Combs’ legal team, which demands access to raw, unedited interviews and other materials related to two individuals featured in the Investigation Discovery documentary, *The Fall of Diddy*. This request comes as Combs faces an impending trial regarding charges of sex trafficking and racketeering.
Combs’s attorneys submitted the subpoena in March, seeking all unedited recordings from interviews with two individuals who appeared in the four-part documentary series that premiered on January 27. His team also requested any notes or journals sent to the producers of the series, along with records of any payments made to these individuals for their participation in the documentary, which examines the rap mogul’s arrest on federal charges.
With jury selection set to begin on May 5 and several critical deadlines approaching for Combs’ trial in Manhattan, Warner Bros. attorneys on Tuesday asked federal Judge Arun Subramanian, who is overseeing the case, to dismiss the subpoena. They cited “reporter’s privilege” as the legal basis for withholding the requested materials from Combs and his lawyers.
“Mr. Combs seeks outtakes from interviews with two persons featured in the docuseries,” Warner Bros. attorney Thomas Sullivan wrote to Judge Subramanian. “The interview outtakes he seeks are protected by the reporter’s privilege that applies to unpublished newsgathering materials.”
Reporter’s privilege shields journalists from being compelled by the court to disclose confidential sources or information. This privilege is rooted in First Amendment rights that support a free and open press. While 49 states and the District of Columbia have enacted Shield Laws concerning reporter’s privilege, there is currently no federal law on the books. Previous court rulings and guidance from the Department of Justice have established significant challenges that must be overcome before a court can bypass this privilege to protect sources.
“Mr. Combs has not met, and cannot meet, his burden to overcome that privilege,” Sullivan asserted in his correspondence to the judge.
Sullivan identified the two individuals referenced by the Combs defense as a chef who worked for the hip-hop and fashion mogul and one of his ex-girlfriends, referred to as Individual A and Individual B. He suggested in the letter that Combs and his lawyers aim to discover information in the materials that could be used against these individuals should they testify against him.
“Individual A is Mr. Combs’ former personal chef,” the studio wrote. “She is featured in the docuseries discussing how Mr. Combs treated her during her employment, along with various rumors she heard about his behavior during that time,” he explained. “Individual B is a former romantic partner of Mr. Combs, and she discusses the origins and trajectory of their relationship, including one alleged incident of sexual assault.”
The studio’s attorney reminded the judge that interviews with the two subjects of *The Fall of Diddy* would constitute hearsay and, therefore, would not be directly admissible in the federal case.
“Courts have consistently held that broad subpoenas for journalistic outtakes based merely on the hope that unpublished material may prove relevant are insufficient to overcome the reporter’s privilege,” Sullivan noted in his letter.
According to Judge Subramanian, Combs has until Thursday to respond to Sullivan’s motion to quash. An email sent to Combs’ representative seeking comment did not receive an immediate reply on Wednesday.
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