Diddy is again attempting to secure himself an acquittal or even a new trial over a complaint the government did not use the proper definition of prostitution.
In legal documents, Diddy and his attorneys attempt to argue that the freak off tapes can be classified as amateur porn productions as they were filmed and the participants consented and were paid for sex acts.
The mogul's attorneys add that the evidence is proof that Diddy is an amateur pornographer as participants could ask for filming to cease and the Bad Boy founder would oblige.
They claim that upholding Diddy's conviction for engaging in transportation for prostitution would be a violation of his first amendment rights.
The government are also accused of using the improper definition of prostitution to convict Diddy.
The documents state: "If there was any settled ordinary meaning of 'prostitute' in 1910, it was a woman who has indiscriminate sex with men, whether paid or not. That was the common law meaning and the federal meaning under Bitty and Caminetti. If this Court were to apply that meaning, the statute would plainly be unconstitutional—which the government does not dispute."
Diddy's attorneys also claim there is "no evidence revealing any intent to pay escorts for sex during or before the travel."
Diddy is set to remain behind bars until his sentencing hearing takes place next month.
Since the trial, which saw the rapper and producer found not guilty of sex trafficking and racketeering, Diddy has made bids for bail, each of which have been denied by the judge who claims the record executive had failed to prove there are "exceptional" reasons for why he should be released.
Diddy's history of domestic violence was also cited in the reasoning behind denying him bail.
Diddy has also reportedly reached out to Donald Trump in a bid to secure a presidential pardon.
One of Diddy's defense team, Nicole Westmoreland, said to CNN that overtures had been made to the president.
"It's my understanding that we've reached out and had conversations in reference to a pardon," Westmoreland said.
Trump has previously intimated that he would not be willing to pardon Diddy, largely over his criticism of his presidency.
