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Ex-Federal Prosecutor Explains Why ‘It Makes Sense for Diddy Not to Testify’

As federal prosecutors prepare to rest their case in the high-profile sex trafficking and racketeering trial against Sean “Diddy” Combs, the music mogul’s legal team has confirmed that he will not be taking the stand — a decision legal experts say is not only strategic but likely essential to his defense.

According to sources close to the case, Combs’ attorneys have opted not to call any witnesses once the prosecution formally rests on Tuesday, June 23. The defense’s decision to forgo presenting a case of its own has raised eyebrows — but former federal prosecutor Mark D. Chutkow tells PEOPLE the move is both calculated and smart.

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“A big gamble” to testify
“It would be a big gamble for Diddy to take the stand,” Chutkow explains. “Even though the prosecution has introduced a mountain of evidence of bad acts by charging this case as a racketeering conspiracy, the prosecution would be able to pile on even more damaging evidence during cross-examination.”

Combs, 54, is facing a battery of serious federal charges, including sex trafficking, racketeering, and transportation to engage in prostitution — charges that stem from a sweeping investigation into alleged abuse and coercion spanning more than a decade. He has pleaded not guilty to all charges and maintains his innocence.

Throughout the government’s case, prosecutors have called a total of 34 witnesses — including several alleged victims — to testify about a sprawling operation they say was run and maintained by Combs to exploit and abuse women. The prosecution has also introduced text messages, travel records, financial documents, and video footage to bolster its claims.

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But rather than attempt to directly rebut the prosecution’s narrative with their own slate of witnesses, Combs’ defense is leaning on its cross-examinations and the burden of proof that remains squarely on the government.

“No witnesses, no risk — just reasonable doubt”
Chutkow says the choice not to call any witnesses gives the defense an opportunity to drive home the core legal principle of reasonable doubt.

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“The decision not to call any witnesses will allow his team to argue to the jury during closing arguments that there was simply no need to waste the jury’s time,” he says. “The defense will argue that they’ve already poked significant holes in the government’s case through cross-examination, and that the prosecution hasn’t met its burden of proof beyond a reasonable doubt.” He adds that this approach also allows the defense to highlight the presumption of innocence that the jury is instructed to afford every defendant.

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