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Josh Duggar and his legal team are requesting the dismissal of the child sexual abuse material charges against him, citing alleged issues with the evidence. Duggar is currently facing federal charges related to the possession of child sexual abuse materials, some of which reportedly involve children younger than 12. This case centers around a computer seized from Duggar’s car dealership in Arkansas during a search operation.
In court documents reviewed by NBC News, Duggar’s attorneys argue that investigators did not preserve critical “exculpatory evidence” that could have supported Duggar’s defense. They contend that the investigation carried out by the Department of Homeland Security is flawed due to improper appointments of two acting secretaries during the Trump administration.
The charges against Duggar include both possession and receipt of child sexual abuse materials. Investigators discovered the materials on the confiscated computer, while they also examined the cellphones of three witnesses. Notably, no child pornography was found on these devices. Duggar’s legal team claims that the failure to preserve potentially helpful evidence undermines the validity of the case against him. They state, “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.”
Furthermore, Duggar’s lawyers assert that the appointments of Kevin McAleenan and Chad Wolf as Acting Secretaries of the Department of Homeland Security were unlawful, which they believe should lead to the case’s dismissal. Duggar was released from custody in May under strict conditions, including restrictions on contact with his children unless his wife is present, and residing in a location without children.
The Duggar family previously gained notoriety through their reality TV show, which was canceled after allegations of Duggar’s past misconduct surfaced.
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In summary, Josh Duggar’s legal team is challenging the validity of the charges against him, citing issues with evidence preservation and the legality of the investigation itself. As he awaits trial, the implications of these claims could significantly impact the case.
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