(NewsNation) — Lawyers for Sean “Diddy” Combs have asked a judge to dismiss part of his criminal federal indictment, claiming a law used against him is “racist” and that “no white person has ever been the target of a remotely similar prosecution.”
Combs was charged with sex trafficking, racketeering and transportation to engage in prostitution and is currently awaiting trial set for May.
He has pleaded not guilty to all three criminal counts and has been in custody since his September arrest in Manhattan.
The embattled music mogul filed a motion to dismiss the third count made against him under the Mann Act, which makes it illegal to transport women for prostitution and human trafficking.
His lawyers argued that “there has never been a similar RICO prosecution” against others and that the Mann Act has “racist origins, used to target Black men.”
Combs’ motion states the count should be dismissed for “selective prosecution” because it has been disproportionately used against Black men, including in the prosecutions of boxer Jack Johnson, who was the first Black world heavyweight champion, and singer and guitarist Chuck Berry.
“Mr. Combs has been singled out because he is a powerful Black man, and he is being prosecuted for conduct that regularly goes unpunished,” attorneys wrote in the filing.
“High-profile white men, including former New York Governor Eliot Spitzer, have engaged in similar conduct but were never charged under the Act,” the motion said.
The Mann Act, which was previously called the White-Slave Traffic Act, was passed in 1910 to prohibit the transportation of women for prostitution and human trafficking.
Combs has been accused of luring victims by promising a romantic relationship before using threats, intimidation and abuse to force them to engage in various sexual activities.
Those activities include so-called “Freak Offs,” in which victims were allegedly directed to engage in extended sex acts with male sex workers on film.
Prosecutors allege Combs drugged victims during those sessions and sometimes kept the footage without the victim’s knowledge. In many cases, victims were reportedly transported across state lines.
Combs also faces a mounting list of civil lawsuits that allege abuse and sexual assault by multiple victims spanning over 30 years.
He has denied all allegations against him.