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Josh Duggar and his legal team are seeking to have the charges against him dismissed, citing alleged irregularities with evidence in his case. Duggar is facing federal charges related to the possession of child sexual abuse materials, and his attorneys argue that the investigation led by the Department of Homeland Security was flawed.
According to court documents reviewed by NBC News, Duggar’s lawyers claim that crucial “exculpatory evidence” was not preserved, which could have benefited Duggar’s defense. They also assert that the investigation is compromised because the appointments of two acting secretaries during the Trump administration were not legally valid.
Duggar is charged with possessing and receiving child sexual abuse materials, including some that reportedly involve children under 12 years old. These charges originated from a computer taken from Duggar’s Arkansas car dealership during a search. The investigation also included an examination of three witnesses’ cellphones, one of whom was designated as a “person of interest.” Reports indicate that no child porn was found on those devices.
The court filing from Duggar’s team states, “The problem is that HSI may have not identified evidence of child pornography during the field examination of these devices – but failed to preserve other potentially exculpatory evidence. What happened here is as clear as it is troubling; the Government concluded the three devices they searched did not further its case against Duggar and therefore deprived Duggar of the opportunity to access this potentially exculpatory evidence.”
In addition to the claims about evidence, Duggar’s team argues that the investigation lacks validity due to the alleged unlawful appointments of Kevin McAleenan and Chad Wolf as Acting Secretaries of the Department of Homeland Security after Kirstjen Nielsen’s resignation. They contend that these improper appointments should lead to the dismissal of the case.
Currently, Duggar is awaiting trial after being released from custody in May. His release conditions include not being allowed to see his children unless his wife is present, and he is required to live in a location without children. For the past few months, he has been residing with friends of the Duggar family. Duggar previously attracted media attention when it was revealed that he had molested several girls, some of whom were minors, during his teenage years. Following the public release of police documents related to that case, TLC canceled the reality show “19 Kids and Counting,” which had contributed to the Duggar family’s rise to fame.
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In summary, Josh Duggar’s legal team is pushing for the dismissal of charges against him, citing issues with evidence preservation and the legitimacy of the investigation. His situation is under scrutiny as he awaits trial on serious allegations related to child sexual abuse materials.