Just yesterday, Diddy's legal team argued that the alleged "freak-off" tapes were strictly "consensual." Essentially, after watching the nine tapes the government allegedly has on hand, they have come to the conclusion that it's "adults having consensual sex, plain and simple." It's worth noting these comments all pertain to the videos between Diddy and ex-girlfriend Cassie. But just like how prosecutors are aiming to use them as the focal point for their argument, the mogul is doing the same.
However, he cannot do that right now, according to AllHipHop. Diddy and his reps are accusing the court of withholding the tapes. The defense wants them handed over, as they feel this is key evidence in tearing down the prosecution's case. Diddy's team is describing the tapes as "unquestionably material" to the entire case. Because of this, they have cited Rule 16 in their court filing today, which allows the accused access to vital evidence to form their defense.
Diddy's Legal Team Argues That The Government Has No Reason To Withold Them

Additionally, Diddy's attorneys are saying that prosecutors have no valid reason to keep in them solely in their possession. "There is no greater risk in granting defense counsel a copy of the files for preparation than exists in the government’s maintenance and use of the files," they said. The defendant's team is also accusing the court is too worried about the privacy aspect of this.
They feel the current protective order that's in place right now is doing enough and it should be no problem for them to have the opportunity at using the tapes in the argument. All in all, Diddy and his team seem dead set on how they want to go about the upcoming trial. Once again, it's going to take place in May, so the clock is certainly ticking.