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Jay-Z And The Loopholes And Technicalities Strategy (1/2/25)

Jay-Z, facing a lawsuit alleging the rape of a 13-year-old girl at a 2000 MTV Video Music Awards after-party, is seeking dismissal based on timing and location discrepancies. His attorney, Alex Spiro, argues that the statute under which the accuser, identified as Jane Doe, is suing became effective in December 2000, three months after the alleged incident. Additionally, Spiro contends that the described location of the assault does not correspond to any venue within New York City, suggesting a geographical inconsistency that could undermine the lawsuit's validity

These defense strategies follow earlier legal maneuvers, including attempts to reveal the accuser's identity, which were criticized by Judge Analisa Torres as inappropriate and a waste of judicial resources. Both Jay-Z and Sean "Diddy" Combs, also named in the lawsuit, have denied the allegations. The case continues to unfold, with the court evaluating the merits of the defense's arguments concerning the statute's enactment date and the alleged assault's location.

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Jay-Z Tries To Get Rape Of Minor Case Dismissed Based On Two Key Factors

Duration:: 14m
Broadcast on:: 02 Jan 2025
Audio Format:: other

What's up everyone and welcome back to another episode of The Diddy Diaries. Ever since Jay-Z has been named in the lawsuit by the accusers saying that he abused her while at a party with Diddy, Jay-Z and his team have went absolutely scorched earth on these allegations. And as we close out the year 2024, I have no doubt that the year 2025 is going to bring us much of the same. And if Jay-Z's latest court filing is any example of what we have in store for us, I'd say that the gloves are officially off. And today we have an article from Deadline talking about how Jay-Z hopes to beat these charges and get out from underneath this lawsuit. So let's dive into this article and let's see what Deadline has for us. Deadline? Jay-Z now hopes to get alleged rape of 13 year old, tossed out based on calendar and geography. Well yeah look, if you can prove that you weren't there, or you weren't in the region when this happened and you have corroborating evidence, then there's no doubt that these allegations are DOA. However, the question still looms. Does Jay-Z have any of that kind of evidence to corroborate what he's saying? And so far we haven't seen anything that corroborates what he's saying. Instead, what we've heard is that the accuser doesn't remember correctly, her memory isn't right, and that she's making things up. But at the same time, we haven't seen any sort of corroboration of those allegations from any sources besides Jay-Z's lawyer. So right now, what we're seeing is a game of he said she said. Question is, who's telling the truth? This article was authored by Dominic Patton. Jay-Z has no intention of walking away from 2024 without continuing to put up a fight against rape allegations. Three days after the New York-based Federal Judge refused the Empire's state-of-mind rapper's efforts to have claims that he, the incarcerated Sean Diddy combs, and a still unnamed female celebrity bee, repeatedly sexually assaulted a 13-year-old over 24 years ago, dismissed, and the Jane Doe plaintiff unmasked. Jay-Z and his longtime lawyer, Alex Spiro, are back today for another kick at the judicial can. And they're going to continue to file motions, they're going to continue to push the envelope, and Spiro is going to continue to walk the tightrope. Because we already know that the Judge lambasted his ass and let him have it over his behavior. So if you think the Judge is just playing games, and she's not going to slap his ass again, if he's up to no good, you're crazy. She most certainly is. So like I've said from the very beginning, Jay-Z better be very, very careful with this strategy that he's using. Because while it looks great, and it does wonders for you as far as the narrative building, it doesn't help you out as far as the facts go when the evidence starts rolling in. If everything's countered or the filings that your lawyer is making, then it's not going to be good for you. Just ask your boy Diddy who ended up sitting in jail and who's going to sit in jail until his trial at the very least about trying to manipulate court proceedings. You see how his team got absolutely smacked over their nonsense, and that's going to continue to occur throughout this whole entire case if they're playing games. And it's pretty funny, honestly, that Spiro is the one talking about rule 11 sanctions against Busby when Spiro and his team are obviously engaging in a concerted effort to try and out Tony Busby as some sort of criminal mastermind who's masquerading as a lawyer. So there's a lot going on here, and there's certainly a lot going on below the surface, and I can only imagine what's going on behind the scenes. As comms may 5th criminal sex trafficking trial looms, Jay-Z and the Quinn Immanuel partner are betting the calendar in geography will help them yet the horrific matter tossed out. Look, if Jay-Z has the goods and he wasn't anywhere near where this lady saying he was, well, yeah, it should be thrown out, right? But like usual, the devil most certainly is in the details. And when we're talking about a situation like this with so much, he said, she said, I think that we just have to let everything play out. And that seems to be the approach that the judge is taking as well. Plaintiff cannot recover for her sole claim under the victims of gender Motivated Violence Protection Act, the GMV law, as a matter of law, because the statute does not have retroactive effect, wrote Spiro. In a two-page letter to judge Annalisa Torres Monday announcing the latest attack on the Tony Busby represented Jane Doze's first demanded complaint. Plaintiff asserts a violation of the GMV law for conduct that purportedly occurred in September of 2000, but the GMV law was not enacted until December 19, 2000, three months after the FAC claims the conduct occurred and cannot apply retroactively to create a cause of action on available to Plaintiff at the time in question. Now, this is the sort of thing that we've seen time and time again with these sorts of lawsuits, and it always ends up falling directly on its face. And considering that, I have no doubt that this is all going to end up the same way. None of this is going to stick and this lawsuit is going to move forward. So it's going to come down to the facts in the case, and what sort of evidence turned over during discovery, and of course, the most important part in a situation like this is the deposition. And can you imagine Jay-Z being sat down and deposed by Tony Busby? Talk about fireworks. A trap-setting attorney for the likes of Alec Baldwin and Elon Musk, Spiro is betting big on this new move and taking the risk for himself and Jay-Z, real name Sean Carter, that further reprimands from Judge Torres won't be forthcoming. Seems like a pretty big risk to take if you're innocent, right? You're going to keep pushing the envelope here, and you're going to get the judge even more fired up when you could just be showing up with evidence. I was at such and such a place with so and so, and they can corroborate my story. But what it looks like is that this is going to turn into a battle of loopholes and technicalities. And for those of you who have been listening, you all know how I feel about that. When your whole entire legal strategy is based on loopholes and technicalities, chances are, your ass is guilty. Now you can use loopholes and technicalities as part of your strategy, right? But if that's the whole entire defense, I have questions. To that end, Spiro and his client are doubling down on the timeline aspect of their argument by asserting that Jane Doe's ability to mount a legal action expired no later than August 2021. With a reference to the now dismissed sexual assault case against a minor, that Errol Smith singer Steven Tyler was hit with in late 2023, Jay-Z's reasoning is that any viable GMV law claim is time barred under New York's Child Victims Act, CVA, which preempts plaintiffs GMV law claim. And this is the same old argument we've seen time and time again, and the same old argument that falls flat on its face in this same court. And considering Jay-Z and his team have already been reprimanded by the judge, I would certainly say that they're playing with fire by trying to push the envelope. But when you're looking at a case like this, and you realize that everything stacked against you as a lawyer, you gotta do what you gotta do. And if that means loopholes and technicalities, well, loopholes and technicalities, it's going to be. Noting the CVA was actually amended in 2019 with an additional 30 months, the courts in this district however, have recognized that the CVA's revival period preempts the GMV's laws overlapping the extended one, which under this argument means Jane Doe and her Houston-based lawyer Busby, who is representing dozens of John Doe's and Jane Doe's, in civil cases against Combs, are three years too late. The alleged brutal rape by the trio, on a then-minor Jane Doe, is purported to have occurred on September 7, 2000, during one of Diddy's drug-fueled soul-called freak-offs, just after that year's MTV Music Awards. The allegation was first detailed in a vivid, October 20 lawsuit that named Combs for the assaults, but merely mentioned a male celebrity A and a celebrity B as participants. As raised voices of bribery and lawsuit trolling came from both sides on December 8, and amended complaint from Busby, named Jay-Z, as Celebrity A. And remember leading up to that, the question was, who is this celebrity A that's suing Tony Busby? And we now know, obviously, that Celebrity A is Jay-Z. And this battle is acromonious as hell. It is turned personal, and it turned personal real fast. The usual media-shielded Jay-Z quickly countered the FAC with a handwritten statement, denying he raped anyone. These allegations are so heinous in nature that I implore you to file a criminal complaint, not a civil one. The billionaire rapper declared, "In the days that followed, letters and notices were filed in the court docket, formally denying the charges, seeking retribution from both sides, as well as dismissal, and more." And it's just going to keep coming. Those court documents are coming fast and furious, and it's a good thing that they are. Because with all of the nonsense out there, all of the BS from these weirdo-ass clout chasers and bag hunters, it's hard to keep fact and fiction separated. I mean, you have people out here talking about HIV and all kinds of wild shit, only to have to walk their report back the next day. So, if you wonder why I don't jump on that salacious bullshit, there's a reason. After all these years of doing what I've been doing, I've learned to get a read on what's real and what's not. Now, of course, that doesn't mean I'm infallible. It just means that, for me, trust me, bro, is not a good enough source. Unless you have a track record of breaking stories and, you know, breaking stories about the topic that's at hand, then trust me, bro, is just not going to cut it. Because, for me, it's not what we know. It's what we can prove. Adding to it all, Rock Nation founder Jay-Z has been front and center at some high-profile events. The December 9th LA premiere of Mufasa, The Lion King, and not so much at others, Beyonce's Christmas Day NFL on Netflix halftime show. Additionally, Jane Doe handed the defense either a gift or a blunt object, depending on how you look at it, with her December 13th NBC interview. Like I said, that's going to come back to Haunter. Now, I don't know if it's going to be enough to get the whole entire thing tossed out, but I think there's enough there for Jay-Z and his team to sink their teeth in. And that's what they're doing, right? They most certainly have sunk their teeth directly into this story, and they're trying to use it as a cudgel in an attempt to beat the credibility out of the accuser's story. In that interview, she gave a different version of what occurred to her other than the court filings. "I have made some mistakes," the now middle-aged Alabama resident told NBC News, yet now able to stay anonymous due to Judge Torres' December 26th ruling. Jane Doe and her lawyer Busby insist the overall allegations interaction are true, despite some of her particulars not being totally buttoned up. Spiro was quick to pounce on those inconsistencies in previous filings, and after rejecting Jane Doe's belief in where she may or may not have been taken that early in fall night over two decades ago, he took out a map and pointed to it figuratively. Even if the GMV law had retroactive effect, it does not, to prevail plaintiff must show the "volatile conduct" was committed within New York City, the letter to the judge states. According to the FAC, plaintiff was driven from Radio City Musical to a large white residence with a gated U-shaped driveway, a drive that took 20 minutes. Spiro's correspondence on behalf of Jay-Z goes on to say, "This is where the alleged assault took place." The FAC's description of the residence in question, however, combined with public records, confirms that any such residence to the extent it existed at the time, would have been located outside the territorial boundaries of New York City. As such, assuming the well-pled factual allegations are true, they are not, they cannot plausibly state a claim for relief. Usually, one to slap back as hard as he's wack, Jane Doe's attorney, Tony Busby, has not responded to a request for comment from Deadline, not in the court docket or on social media. If he does have something to say on either of those trios of options, this post will be updated. Assuming it survives the latest dismissal missive, this civil case will drag out for years. It's looking highly unlikely to settle at this point, if for no other reason than Jay-Z's west coast extortion sued against Busby. So if this takes years to reach a jury resolution and all the appeals are exhausted, those years could see Diddy behind bars already for life, if the 55-year-old bad boy records founder is found guilty in his criminal trial later this year. Which, with justice, slow march, has lose-lose written all over it. Look, there's no doubt that the justice system and the wheels of justice move at a snail's pace. And there's no doubt in a case like this, it's going to take some time. And when we're talking about these civil suits, there is no doubt that it's going to take time for these to work their way through. Because remember, these civil cases might be paused during this criminal portion, and I expect that to happen. So, like usual, we'll keep an eye on things and watch them evolve, and when we have some new information, we'll get it added to the catalog. All of the information that goes with this episode can be found in the description box.