We never thought we'd say this, but:
Give Josh Duggar credit.
Not for being any sort of decent human being.
The guy is a digusting piece of unethical $hit, no matter whether or not he gets convicted on child pornography charges. later this year.
But the alleged pedophile's legal team deserves at least some points for creativity.
Here's what we mean:
On Friday, Duggar filed a motion to have the case against him dismissed.
Due to a lack of evidence? Heck no.
According to what prosecutors have thus far revealed in court, there's ample proof that Duggar downloaded explicit material of children under the age of 12 to his work computer in early 2019.
Instead, Duggar's attorneys are actually hoping a judge will throw out the charges against their client because... Donald Trump once broke the law.
You see, when federal agents began looking into Duggar in over two years ago, Homeland Security Investigations (HSI) was under the control of Acting Secretary Kevin McAleenan.
From there, the probe continued into the tenure of Acting Secretary Chad Wolf.
There's no reason why you'd be familiar with these names. But keep reading to learn why they're of utmost important to Josh Duggar.
The Government Accountability Office eventually discovered that Trump appointed both the aforementioned men unlawfully, circumventing the typical process of congressional approval.
Federal judges later ruled similarly.
This ruling invalidated some of the agency’s actions under the control/guidance of McAleenan and Wolf.
As a result, Duggar now hopes to benefit from the Trump administration’s actions via a motion that argues McAleenan’s and Wolf’s “unlawful” appointments should torpedo Josh's whole 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.”
It's important to remember here that an HSI agent testified during Duggar’s bond hearing in May that he and his team found a video on Duggar's workplace computer titled “Daisy’s Destruction."
YOU MAY NOT WANT TO READ ANY FURTHER, BUT...
This agent said at the time it one of the “Top Five Worst of the Worst” things he ever had to examine because it depicted the sexual assault of an 18-month-old girl.
And, look, we're not even saying for certain right now that Duggar downloaded and watched this footage.
One is innocent until proven guilty and alll that.
But the charges against this father of six are truly heinous, truly despicable and awful.
He ought to be tried by a jury of his peers and evidence from both sides ought to be presented.
He most definitely should be get off because of some wild technicality that has nothing at all to do with what federal agents say they found on Duggar's computer.
A judge has not yet ruled on Duggar's motion to dismiss.
As it stands right now, he will stand trial in November and could face up to 40 years in prison if convicted across the board.
The more we learn about his alleged stash of photos and videos, the more we hope he receives the maximum sentence, too.
If found guilty, that is, of course.