Skip to Content

On the surface, based on what we know about Josh Duggar, it’s hard to believe he’s not guilty of the truly awful crimes with which he’s been charged.

To be clear, everyone is innocent until proven guilty in America.

We don’t know for certain what Josh Duggar did or didn’t do and we have no idea what fate beholds him down the line.

But this is still someone who admittedly molested little girls.

The Hollywood Gossip Logo

When he was a teenager, Josh violated his own siblings, as well as a babysitter.

He then went to rehab years ago for an alleged porn addiction. These are facts.

He fits the profile of someone who would be arrested for downloading images of minors, some as young as 18 months old, according to federal agents.

That’s all we’re saying.

The Hollywood Gossip Logo

According to testimony from an Homeland Security Agency agent who raided Josh’s place of work in 2019, there was evidence that the former reality star’s computer was connected to the quote-unquote dark web.

There was also evidence of the aforementioned illegal material being downloaded from Duggar’s IP address.

Suspicious, to say the least.

The Hollywood Gossip Logo

Special Agent Gerald Faulkner described the photos win question as "in the top five of the worst of the worst that I’ve ever had to examine."

So, what sort of defense could Duggar’s legal team possibly mount here?

If such proof exists and will eventually be brought before a judge and jury, how will lawyers Justin Gelfand, Travis W. Story and Greg Payne proceed?

The Hollywood Gossip Logo

Based on court documents obtained by celebrity gossip website Radar Online, which is apparently still around, these attorneys will be relying on technicalities to get Duggar’s two counts dropped.

In these papers, Duggar’s team raises questions about the aforementioned agents’ decisions when they executed their search warrant in November 2019.

You see where this is going.

The Hollywood Gossip Logo

The investigators obtained the warrant to search Duggar’s used car dealership and Duggar says he complied fully with authorities on the scene.

Duggar claims he handed over his iPhone and asked to speak to an attorney…

… and this is where questions may arise.

The Hollywood Gossip Logo

The agents reportedly told the father of six that he would have an opportunity to contact his lawyer at a later time.

Was this on the level, though?

The ex-TLC star’s lawyer allege that move to not let Duggar call his lawyer was a “possible constitutional violation.”

The Hollywood Gossip Logo

Reads the submitted court papers:

"This is neither the time nor the place to litigate possible constitutions violations arising from this incident."

It doesn’t take someone with a Harvard law degree, however, to realize this means the lawyers think there WILL be a time and a place.

The Hollywood Gossip Logo

They’re floating the rights-violation defense out there now to see how the other side responds.

The argument here would be that agents acted improperly during the search, which could put the entire case in jeopardy.

What we don’t know is how much of this is viable, as opposed to simply posturing.

The Hollywood Gossip Logo

"He has pled not guilty to both charges and we intend to defend this case aggressively and thoroughly," said Duggar’s attorneys in a statement last Friday, adding:

"In this country, no one can stop prosecutors from charging a crime."

"But when you’re accused, you can fight back in the courtroom."

The Hollywood Gossip Logo

"And that," they said, "is exactly what Josh intends to do."

This is, of course, Josh Duggar’s right as an American.

He will have his day and court, where he could be sentenced to up to 20 years in prison or a $250,000 fine per charge, if convicted.

The Hollywood Gossip Logo

The investigation is being led by Homeland Security and the Northwest Arkansas Internet Crimes Against Children Task Force, prosecutors have said.

In a statement of its own several days ago, TLC, which aired 19 Kids and Counting and first brought the Duggar family to national prominence, said:

"TLC is saddened to learn about the continued troubles involving Josh Duggar."

The Hollywood Gossip Logo

"19 Kids and Counting has not aired since 2015," their weak defense continued, as if the rest of the Duggar family hadn’t been on the air for the rest of the decade before and after that.

"TLC cancelled the show on the heels of prior allegations against Josh Duggar.

"He has not appeared on-air since then."

The Hollywood Gossip Logo

The network has garnered extreme backlash for this lame message, with a petition being passed around the Internet to have Counting On canceled.

For now, meanwhile, Duggar is free on bail.

He’s living with friends of his parents named Lacount and Maria Reber and his trial is scheduled to begin in July.