[Warning: Potentially Triggering Content]
Josh Dugger is doing everything he can to worm his way out of those child pornography charges.
According to court docs obtained by E! News, the former TLC star’s legal team filed motions asking a judge to dismiss two charges against their client, including one count of receiving child pornography and one count of possessing child pornography — and their reasoning is a bit absurd!
In the first motion, Duggar’s team claimed the government failed to preserve potentially exculpatory evidence. In another, they argued that the indictment should be dismissed because the two acting secretaries of the US Department of Homeland Security at the time of the Duggar investigation weren’t properly appointed.
Huh?!
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That’s right, y’all: they’re pointing to a technicality that has literally nothing to do with the crimes the 19 Kids and Counting alum allegedly committed. (But we should note: even if Josh’s indictment gets dismissed, which would temporarily dismiss his charges, feds can issue a new indictment — this isn’t a double jeopardy issue.)
Three motions were also filed by Duggar’s lawyers to suppress evidence in the case, including all statements the disgraced reality star made to investigators before they seized his cellphone and before the 33-year-old could call his lawyer. Hmm. If they properly Mirandized him, all of his statements should be admissible, right?
Innerestingly, another motion requested to block snaps of Duggar’s hands and feet that were taken while he was in custody, as investigators allegedly didn’t have a warrant to authorize the taking of the photos, according to Duggar’s team. It’s unclear why the photos were taken in the first place. But Josh clearly thinks it’s important. Any reasons we could think of are too disturbing to even speculate about at this moment…
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As we reported in April, feds arrested the former activist in his home state of Arkansas for allegedly downloading child pornography in 2019. A federal agent said in a recent hearing that the images found on Duggar’s computer — which included a file that depicts the sexual abuse of children whose ages range from 18 months to 12 years old — were “in the top five of the worst of the worst that I’ve ever had to examine.”
The father-of-six was released on bail in May after pleading not guilty to all charges. His attorneys previously said in a statement to E! News:
“We intend to defend this case aggressively and thoroughly. In this country, no one can stop prosecutors from charging a crime. But when you’re accused, you can fight back in the courtroom—and that is exactly what Josh intends to do.”
He’s set to stand trial in November.
Thoughts on this development, Perezcious readers?
[Image via Washington County Police Dept.]
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