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Diddy's lawyers are appealing for the third time after the rapper was twice denied bail

Diddy's lawyers are appealing for the third time after the rapper was twice denied bail

The legal team representing embattled rapper Sean “Diddy” Combs filed a bail appeal Tuesday morning as the legal battle against him moves forward.

The appeal, obtained by Fox News Digital, asked the judge to agree to preliminary release.

“Sean Combs requests that this court order his release on reasonable bail conditions and order his immediate release pending determination of this appeal pursuant to Article 9(a)(3) of the Federal Rule of Appellate Procedure,” the filing states .

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Sean Diddy Combs wears a white tuxedo with a black bow tie.

Sean “Diddy” Combs' legal team filed a third appeal seeking interim release after the rapper was denied bail twice following his arrest on September 16. (Getty Images)

In the document, Combs' attorney argued that his release would not pose a danger to the community.

“Mr. Combs should be released because, despite the government's unsubstantiated allegations, the proposed conditions will reasonably protect his appearance and the safety of the community,” the attorney argued.

Combs recently hired Alexandra Shapiro and Anthony Ricco as representatives. Shapiro previously served as a federal prosecutor in Manhattan and was one of Supreme Court Justice Ruth Bader Ginsburg's first law clerks. She currently represents crypto king Sam Bankman-Fried. Ricco was president of the New York Criminal Bar Association.

Sean Diddy Combs wears a white cardigan

Sean “Diddy” Combs was charged in the indictment unsealed last month with conspiracy to commit racketeering, sex trafficking by force, fraud or coercion and transportation for prostitution. (Munawar Hosain)

According to court documents, Combs “was not released pending trial despite offering to comply with restrictive conditions that would have prevented any conceivable risk of escape or danger.”

On appeal, Shapiro argued that the court “rejected a clearly sufficient bail package and violated its obligations under the Bail Reform Act.”

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“Mr Combs is presumed innocent. He traveled to New York to surrender because he knew he would be charged,” the appeal states.

“He took extraordinary steps to demonstrate that he intended to face and contest the charges, not to flee. He presented a bail package that would clearly prevent him from posing a danger to anyone or contacting witnesses. Under the bail reform law, 'freedom' is the norm, and detention before or without trial is the carefully limited exception.'”

A courtroom sketch and close-up of Sean "Diddy" combs

Sean “Diddy” Combs pleaded not guilty to the federal charges. (REUTERS/Jane Rosenberg, Getty Images)

Combs' appeal comes after the disgraced music mogul had already been denied bail twice.

On Sept. 18, Combs appeared before U.S. District Judge Andrew Carter and requested a second chance at bail after being charged with conspiracy to commit racketeering, sex trafficking by force, fraud or coercion and transportation for the purpose of engaging in prostitution. The rapper pleaded not guilty hours after an indictment detailing his alleged sex crimes was unsealed.

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Carter cited the possibility that Combs would tamper with witnesses in his justification for denying bail. The judge acknowledged that the prosecution had “proven by clear and convincing evidence that there is no condition or series of conditions” to ensure the safety of the community.

A close-up of Diddy next to a courtroom sketch

Sean Combs' appeal comes after the disgraced music mogul had already been denied bail twice. (Getty Images, REUTERS/Jane Rosenberg)

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Judge Robyn F. Tarnofsky originally denied Combs' bail appeal the day before, on Sept. 17. The judge ruled that there were “no conditions” she could impose on Combs. Tarnofsky pointed out that sex trafficking is a crime that happens behind closed doors and that the rapper would be difficult to monitor even with pre-trial surveillance services. The judge considered alternatives to detention but concluded they were not sufficient. Tarnofsky acknowledged that the weight of evidence against Combs was significant.

Sean Diddy Combs poses for a portrait session in a black suit.

Sean Combs' next court appearance is scheduled for Thursday, October 10th. (Shayan Asgharnia)

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On September 16, Combs was arrested and charged with conspiracy to commit racketeering; sex trafficking involving force, fraud, or coercion; and transportation for prostitution. He faces a minimum of 15 years in prison and a maximum of life in prison if found guilty.

Combs' next court appearance is scheduled for Thursday, October 10.

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Lauryn Overhultz of Fox News Digital contributed to this report.

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