Diddy Files Motion for Acquittal or New Trial, Says Mann Act Doesn't Apply to Him

Diddy wants his conviction on 2 counts of the Mann Act overturned, and if not, he's demanding a whole new trial on those charges ... according to new docs filed late Wednesday night.

It's pretty stunning, but in the docs, obtained by TMZ, Diddy and his defense team make the case for Judge Arun Subramanian changing the Mann Act conviction to an acquittal. Here's why ... 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.

Translation: he's done none of the things spelled out in the Mann Act. Remember, during the trial, none of the sex workers, nor Cassie Ventura or "Jane" testified Diddy engaged in sex with the sex workers. They all said he was either watching and/or recording the freak-off sessions as the women had sex with the hired guns.

Testimony also revealed it was typically the women, not Diddy, who made all the arrangements -- travel, compensation and hotels -- for the sex workers involved in the freak-offs.

Further, they say Diddy's sexual involvement was basically voyeurism, and they point out "multiple state courts have held that paying for voyeurism -- to watch other people have sex -- is not prostitution."

Now, Diddy 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."

In other words ... they were all good buddies. We're not sure how much of a difference that will make, legally speaking, but there it is.

Finally, Diddy says the freak-offs were protected under the First Amendment, because they were recording, or as they put it in the docs ... "producing amateur pornography for later private viewing."

Now, if the court does not overturn his Mann Act convictions -- counts 3 and 5 in the federal indictment -- Diddy's defense says he deserves a new trial, where only evidence related to those counts is admitted. Specifically, his lawyers say that would exclude the Cassie beating video.

According to the docs, that evidence was only admitted in his trial because of the RICO and sex trafficking charges -- of which he's been acquitted -- and if Diddy were only facing the Mann Act charges, the infamous Intercontinental Hotel footage wouldn't be relevant ... and would only be "unfairly prejudicial."

Diddy's legal power move here comes on the heels of TMZ breaking the story ... President Trump is already considering a pardon for Diddy, and could make a decision as soon as the judge makes a decision on Diddy's latest motion to be released on bail ahead of his October sentencing.