Josh Duggar is a desperate man.
The former reality star, who was arrested in April on two charges of child pornography possession, is scheduled to go on trial on November 30… at which time a jury of Duggar’s peers will begin the process of determining Josh’s fate.
But might we never reach that point?
Might Josh Duggar succeed in getting this trial dismissed?
The expecting father of six’s legal team is doing all it can to achieve this goal.
Let’s review, shall we?
Let’s go over all the recent motions filed on Duggar’s behalf — all of which are meant to muddy the waters and get a judge to agree that Josh should never face any potential consequences for his alleged actions.
SOMEONE ELSE DID IT!
Earlier this week, Duggar’s attorneys officially pointed the finger at someone they listed in their filed-documents as "Witness #1."
This unnamed individual also worked at an Arkansas used car dealership in 2018 and 2019 (alongside Josh) and, on multiple occasions, even stayed overnight at this place of employment "without Duggars’ knowledge or permission," the papers state.
Moreover, Witness #1 supposedly confessed to authorities in the past to watching pornography via the car lot Internet through his cell phone.
He clarified at the time of his intervew that he did not watch CHILD pornography, however, which is a pretty important distinction.
According to Duggar’s legal filing, police officers spoke to this co-worker — yet failed to preserve evidence from the searches they conducted on his phone, including metadata.
Reads this motion to dismiss:
"Where the evidence the Government failed to preserve is potentially exculpatory, dismissal is mandated if the Government acted in bad faith in destroying or failing to preserve the potentially exculpatory evidence."
STATEMENTS SHOULD BE STRUCK FROM THE RECORD!
Josh’s lawyers also filed a motion last Friday to suppress statements made on the day of the car lot raid by federal agents.
The court documents claim that a number of things Josh said to the authorities should not be allowed to be heard at the triial.
It referred to those “allegedly made by [Josh] after he asserted his right to counsel and after federal agents physically stopped him from communicating with his attorney."
THROW OUT THE EVIDENCE!
Yet another motion refers to items seized from Josh’s workplace in November 2019.
According to Duggar’s legal team, search warrants were granted based on information that should not have been obtained.
As a result, the search warrants themselves must be dismissed out of court.
Federal agents said at a hearing in May that they used various pieces of software to track down Josh’s IP address, connecting his downloading of sexually explicit material (involving minors) to the computer Josh used at work.
The evidence established by this technology appears to be very damning for Duggar.
HOWEVER, another motion alleges the torrent software, created and used by law enforcement, has “been the subject of various legal challenges focusing on methodology and general proposition."
Therefore, you guessed it… this evidence should be thrown out, Duggar believes.
DONALD TRUMP MESSED EVERYTHING UP!
Back when Duggar was under investigation — in 2018 and then 2019 — both Kevin McAleenan and Chad Wolf were installed as the acting secretary of homeland security.
The thing is, President Trump appointed these individuals in an unlawful manner, as previously notedd by The Government Accountability Office.
Federal judges later ruled similarly.
This ruling invalidated some of the agency’s actions under the control/guidance of McAleenan and Wolf.
Fast forward to this month… and Duggar hopes to benefit from the Trump administration’s actions via a motion that argues McAleenan’s and Wolf’s illegal appointments should torpedo Josh’s entire case.
Reads a brand new 14-page motion to dismiss, courtesy of Duggar’s lawyer:
“As the actions by DHS HSI in this case were all conducted under the authority of individuals who were acting as Officers of the United States in violation of both the Appointments Clause and the applicable federal statutory scheme for temporary officeholders, the investigation proceeded without lawful authority.
"Because Appointments Clause violations are structural in nature, Duggar need not show prejudice to obtain relief.”
Those are a lot of fancy words.
But the point of this motion is the same as all the others cited above.
Will any of these objections succeed?
Could Josh Duggar really get off on one of these seemingly outlandish technicalities?
Anything is possible.
But we’re thankfully glad to report that the odds seem very, very, very high.