well a very interestingly timed announcement uh from Cassie now I'm not accusing Cassie of timing it for this particular purpose um but she announced she is pregnant having her third child with her husband Alex fine um and it comes amid some new attempts on Diddy's team uh to drop some of these charges and what you got to think about uh we're going to get to the what he wants to change in just a moment but Cassie being pregnant now and she didn't say how far along she is but remember the trial starts first week in
May I believe May 5th if it starts then if it starts then a and if she is on the stand as we expect her to be she is victim number one uh in the indictment she's going to be the star witness that she's the star witness now you have the star witness pregnant on the stand that is that is a well you know what it is I mean the sympathy you know what it is we can go back a few segments here and it's kind of the Rihanna effect in the courtroom and they're going to
look at this woman who is pregnant engaged and it's kind of you know trying to juxtapose these two images and so I mean that's the subliminal difficulty that Diddy's going to the part they're not going to be able to escape is when they play the the video of video that's right no you're absolutely right but that's what they're going to argue that's going to be the game going back and forth uh the other speaking of the freak offs uh Diddy has a defense for that it's basically that uh the government is trying to ring him
up on a very old Antiquated racist uh statute it's it's called The Man act and he actually filed documents yesterday asking the judge to dismiss count number three of the indictment Because he believes that he is being selectively prosecuted because he is a black man and they're trying to take him down using the man act in in fact in the documents he says we've seen it play out this way um for decades he says they did it to Chuck Barry they did it to the boxer Jack Johnson using this man act and now they're trying
to do it to me when all I'm doing is leading my life the way lots of people do and they're never prosecuted for it particularly when they're white and in our documentary the downfall of Diddy which is UN Tubi uh we talked to Mark agnifilo Diddy's lawyer who said racism was a core part of the defense right uh well will this be uh successful I mean essentially Diddy's team is saying they're the kind of admitting that he committed that that that he did have um sex workers yeah not not necessarily it that he did hire
sex workers he came to his parties and that that's just how he gets down and why should he be prosecuted for that uh can it be successful to put basic Al the government on trial for using this law and for this law even existing uh joining us right now to discuss that Anthony capazo is a former uh Federal prosecutor himself uh still is now a defense attorney and he is joining us now Anthony welcome to TMZ live great thanks for having me pleasure to be on H we appreciate it so um selective prosecution is a
thing in the law um and it has been used occasionally with success where prosecutors um may have targeted somebody for something that they never would otherwise prosecute other people for um is it possible that could fly here in this particular case I don't think so um if you read the defendant motion papers it presents a very narrow view of the evidence that's alleged in the indictment in fact it talks mostly about male escorts and inviting them into the very intimacies of his own marriage count three actually alleges sex trafficking involving three female victims in addition
to the male escorts so I believe there's a great disparity in the characterization of the case just within the motion they're filing and the indictment as it's filed now it is true that the man hack does have a racial history it was used many years ago to Target African-Americans who were engaging in what might be called immoral conduct according to the times um but that statute was amended several times it removed the immoral purposes and it removed some other language and now restricts application of the statute to conduct involving sex trafficking and transportation related to
criminal conduct so the only way the statute can be charged now is if it's alleged that somebody committed a crime and again I think the indictment alleges more conduct than what is uh addressed in the defense motion and so this motion can I stop you that's really interesting because if the crime is not just taking somebody from one state to another and paying them um if they can prove it's consensual what's the crime prostitution is still a crime so transporting someone across lines for prostitution solely could still be considered a crime however that it's important
to note that the conduct that they described in the defense motion seems to be a bit more narrow than what that count count three in the indict actually alleges which also talks about the three female victims and there are there are other allegations in the indictment that relate to that as well I um spoke to Mark AGN on the documentary we did and this kind of reminds me of uh Johnny Cochran and OJ Simpson that Johnny um changed the defendant to the state to the police um what agnifilo said to me and I I could
hear him talking to the the jury in closing he he says this is an attempt to take down a a successful black man and there is a long Rich history of that uh among prosecutors um that worked with OJ Simpson that kind of Defense where you don't look at what happened to Nicole you look at something bigger um could that happen here it really will come down to the evidence of trial it's definitely a theme Mark igno is a great lawyer I know him for many years um he is a formidable force in the courtroom
it really will depend on what the evidence is much of which we don't have access to there are references to videotapes there may be witnesses that have uh either are known to the prosecution or have become known to the prosecution that we're unaware of a lot of the materials are covered by a protective order but I agree with you that is exactly the argument that the the defense will be making along with many others to the jury that this case is being treated in some way more special because of who he is and and that
runs into that theme that there's a long history of targeting prominent African-Americans in the past uh like the cases you mentioned Chuck Barry and the and the boxer who was actually pardoned by I believe uh Obama many years ago all right it is going to be interesting just a couple months away um but you're right it does sound like they're setting it up that that is going to be the tack they take Anthony thank you so much thank you anthon for joining us we'll talk to you soon appreciate it okay yeah very interesting it's it's
going to be by the way as far as being a crime the prostitution they also say in the document they go escorts are just a commonly accepted part of American culture now and they point to their TV shows about it and that they operate in the open so why why is he being why is he being tough tough it's sort of like saying to the federal government hey marijuana is legal a lot of other no marijuana and it's it's still illegal federally and you can't that argument is never Flow well it's it's in California you
can use it it doesn't fly okay we're taking a break all right when we come back uh Kevin spacy has an explosive response to allegations from his former co-star Guy Pierce who says that uh that Kevin made him uncomfortable on set well wait until you hear what Kevin has to say about what their relationship really was when we come back
