Currently incarcerated Sean “Diddy” Combs’ attorneys are seeking to have one of the charges against him dismissed, arguing that he is the victim of a racially biased prosecution. In a motion filed on Tuesday evening, Combs’ defense team claimed that his prosecution is unprecedented, particularly noting that no white individual has ever faced similar charges, reported CNN. 

“Mr. Combs has been singled out because he is a powerful Black man, and he is being prosecuted for conduct that regularly goes unpunished,” the filing read. The motion requests the court to drop Count Three of the superseding indictment against Combs, which involves transportation to engage in prostitution. 

The defense argues that the charge, brought under the Mann Act, is without precedent. The Mann Act, passed in 1910 to prohibit the transportation of women for prostitution and human trafficking, was originally known as the White-Slave Traffic Act.

While the law has been used in high-profile cases, Combs’ defense maintains that no similar case has ever involved a Black defendant. Combs’ attorneys also claim the statute has a racist history, alleging that it has often been used to target Black men under the guise of protecting white women. “What was racist in its inception has often been racist in its operation,” they wrote in the motion.

The music mogul is facing three federal charges, including racketeering conspiracy and sex trafficking. He has pleaded not guilty to all charges and is currently being held at a federal detention facility in New York City.

Combs’ legal team has previously accused the government of racial discrimination. Marc Agnifilo, one of his attorneys, told TMZ last year that the case is an attempt to take down a successful Black man. This accusation has sparked controversy, with prosecutors expressing concerns during a court hearing in October, stating that such claims could jeopardize the fairness of the trial.