Diddy files motion to overturn two prostitution convictions or demand a new trial
The disgraced rap mogul has asked that his conviction for prostitution-related offenses under the federal Mann Act be changed to an acquittal, according to documents obtained by TMZ.
The Mann Act involves transporting someone across state lines for sex.
But, Diddy's lawyers says they believe he's the only person ever convicted under this statute who did not make money off prostitution, did not have sex with an alleged prostitute, and did not arrange the prostitute's transportation.
They claim this means the 55-year-old has not done any of the things stipulated in the Mann Act.
During the trial, none of the sex workers, nor Cassie Ventura or 'Jane' testified Diddy had sex with the hired escorts.
They all said he was either observing and/or filming the so called 'freak-off' sessions while the women had sex with the sex workers.
Testimony also revealed it was usually the women, not Diddy, who made travel and hotel arrangements for the hired escorts involved.
Diddy's defence team also point out that his sexual involvement was basically voyeurism, and highlight 'multiple state courts have held that paying for voyeurism - to watch other people have sex - is not prostitution.'
The rapper also says the male sex workers they hired were not only consenting, but they 'enjoyed the activities and had friendships with [Cassie and 'Jane'] and were not merely traveling to have sex for money.'
Finally, Diddy says the freak-offs were protected under the First Amendment, because they were 'producing amateur pornography for later private viewing.'
Diddy's defence team say if the court does not overturn his Mann Act convictions he deserves a new trial, where only evidence related to those counts is admitted.
His lawyers say this would not include the video of Diddy beating his then-girlfriend Ventura.
According to the documents the clip was only admitted in his trial because of the RICO and sex trafficking charges of which he's been cleared.
The Mann Act involves transporting someone across state lines for the purpose of sex. But, Diddy's team says they believe he's the only person ever convicted under this statute who did not make money off prostitution, did not have sex with an alleged prostitute and did not arrange the prostitute's transportation
And, if Diddy were facing the Mann Act charges alone, the footage wouldn't be relevant and could be unfairly prejudicial.
It comes as Donald Trump is 'seriously considering' a pardon for Sean 'Diddy' Combs as the disgraced rap mogul awaits his sentencing in a Brooklyn jail.
As the judge prepares his punishment for the former producer over prostitution charges, a source told Deadline that Trump has been mulling the reprieve.
Diddy has been acquitted on three of his most serious charges.
Insiders told the outlet that the idea had advanced from 'just another Trump weave to an actionable event.'
The mogul was found not-guilty of sex-trafficking and racketeering earlier this month, but was convicted of two counts of transportation to engage in prostitution.
Combs is set to receive his sentencing on October 3 and faces a maximum sentence of 10 years in prison.
A presidential pardon has been talked of since the beginning of Combs' trial, and Trump even indicated in May that he was open to the idea.
The President said, when asked on the matter in the Oval Office, that 'nobody's asked but I know people are thinking about it.'
'I know they're thinking about it. I think some people have been very close to asking,' he added.
'First of all, I'd look at what's happening. And I haven't been watching it too closely, although it's certainly getting a lot of coverage,' Trump continued.
'I haven't seen him, I haven't spoken to him in years. He used to really like me a lot, but I think when I ran for politics he sort of, that relationship busted up from what I read. I don't know. He didn't tell me that, but I'd read some nasty statements in the paper all of a sudden.'
'So, I don't know. I would certainly look at the facts. if I think somebody was mistreated, whether they like me or don't like me it wouldn't have any impact,' he concluded.
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