Federal prosecutors want Lil Durk’s “P*ssed Me Off” music video shown to jurors, while the rapper’s attorneys are asking a judge to throw out evidence recovered from a cellphone.
The dueling requests are among several motions filed ahead of the Chicago rapper’s federal racketeering trial. U.S. District Judge Michael W. Fitzgerald is expected to hear arguments on multiple disputes August 13.
Durk, whose legal name is Durk Banks, recently secured a pretrial win when Fitzgerald agreed to separate a superseding indictment. His defense is now seeking to suppress the phone and its contents, claiming the device was unlawfully seized and searched.
The attorneys argue that anything obtained from the phone should be excluded under the legal principle commonly known as the “fruit of the poisonous tree.”
Durk’s team also wants to prevent prosecutors from presenting alleged prior misconduct and is challenging the government’s proposed gang expert.
Prosecutors, meanwhile, have asked to introduce the audio and video for “Pissed Me Off,” a 2022 song released after the death of rapper King Von. The track contains references to guns, retaliation and loyalty.
Durk’s attorneys have maintained that his songs and videos are creative works and should not be treated as confessions.
The government is also seeking a limited gag order barring “prejudicial extrajudicial statements” from those involved in the case. Several additional exhibits and documents were filed under seal.