In May, disturbing footage of Combs physically assaulting his then-girlfriend Cassie Ventura was published online

Sean “Diddy” Combs’ attorneys are alleging the government leaked the disturbing footage of his physical assault against his former girlfriend Cassie Ventura to taint his image amid his legal battle.

Combs, 54, was arrested on Monday, Sept. 16 at 8:25 p.m. and charged with 𝑠e𝑥 trafficking, racketeering and transportation to engage in prostitution. He is currently in Brooklyn’s Metropolitan Detention Center awaiting trial.

Five months before his arrest, hotel surveillance footage released by CNN showed Combs physically attacking Cassie. In the clip from 2016, Combs was seen grabbing Ventura by the neck before he threw her to the ground, kicked her and dragged her down the hallway.

In new court documents obtained by PEOPLE on Wednesday, Oct. 9, Combs’ legal team alleges that the government leaked the video to tarnish Combs’ reputation. His attorneys called on the Southern District of New York “to investigate alleged government misconduct, specifically concerning unlawful leaks that resulted in prejudicial pre-trial publicity.”

They allege the Department of Homeland Security (DHS) is behind the leaks that “have damaged Mr. Combs’ right to a fair trial,” according to the filing.

DHS is accused of allegedly launching a seven-month smear campaign against Combs to “undermine” his “right to a “fair trial,” by “leaking confidential grand jury materials.”

“The leaks have resulted in damaging and highly prejudicial media coverage, particularly sensationalizing the investigation and the involvement of Mr. Combs’ family,” his lawyers wrote.

Along with the hearing, they’ve asked for discovery of emails, documents and records that the government, including the DHS, has about the leaks, as well as a gag order to block government personnel from sharing any material connected to the case with the media, per a statement from the memorandum of law in support of the motion for an evidentiary hearing.

Lastly, they asked for evidence that the government allegedly leaked to be concealed, alleging that violates the Federal Rule of Criminal Procedure “or any other law, rule, or regulation.”

His attorneys alleged in the statement that “the government’s scheme” has prevented Combs from having a fair trial due to alleged false statements DHS has made to the press. They cited the March 2024 raids executed on Combs’ Los Angeles and Miami homes by Homeland Security Investigations agents, where his sons, Christian Combs, 26, and Justin Combs, 30, were handcuffed and allegedly “manhandled by federal agents with assault rifles.”

They also pointed to the 2016 footage, which they called “the most egregious example” of the alleged leak.

Combs’ attorneys clarified that they do not believe the U.S. Attorney’s Office leaked any information. “Rather, we contend that the false media statements and the grand jury leaks” detailed in the statement “were planned and executed by DHS. As the parties develop more information in this regard, the Court will see that the defense is repeatedly contacted the prosecutors and stated, in substance, that their agents were leaking information to the press,” they wrote, adding that the leaks allegedly continued after Combs was in custody.

“The abuse is clear,” his attorneys continued, but “without a hearing,” it would remain “unknown how far or where the abuse reached.”

After the 2016 hotel footage surfaced, Diddy shared a since-deleted apology video on Instagram, stating in part, “I was f—ed up. I mean I hit rock bottom but I make no excuses. My behavior on that video is inexcusable. I take full responsibility for my actions in that video.”

Ventura also spoke out, writing on Instagram, “Domestic Violence is THE issue. It broke me down to someone I never thought I would become. With a lot of hard work, I am better today, but I will always be recovering from the past. This healing journey is never ending, but this support means everything to me.”

A status meeting for Combs’ attorneys’ requests is scheduled for Thursday, Oct. 10.