Josh Duggar: Could the Charges Against Him Be Dismissed on a Technicality?

Josh Duggar: Could the Charges Against Him Be Dismissed on a Technicality?

September 3, 2021

In the months since Josh Duggar was arrested on child pornography charges, we’ve spent a good deal of time discussing Josh Duggar’s upcoming trial.

Like most of the Duggars’ harshest critics, we’ve assured ourselves that the case against Josh is rock solid and a guilty verdict is inevitable.

But what if that’s not the case?

What if Josh manages to weasel out of this and once again evades prosecution with the help of his enabling father?

After all, this is a guy who once molested five young girls — four of whom were his sisters — and never faced legal consequences of any kind.

Not only are the Duggars sufficiently wealthy to afford to the very best legal counsel, they have a tremendous amount of clout in Arkansas.

Some have described them as the state’s second most influential family behind the billionaire Waltons.

In other words, though it might be deeply unpleasant to contemplate, there’s a real possibility that Josh will return to his old life completely unscathed, vindicated in his belief that he’s the victim of a government witch hunt.

It’s possible that his legal team will muddy the waters to the point that they’re able to create a shadow of a doubt.

But as our friends at Starcasm pointed out this week, there’s also a chance that Josh’s lawyers will prevent the case from going to trial.

The defense has filed a motion to dismiss the case, alleging that prosecutors “failed to preserve evidence.”

Josh’s attorneys allege that the Homeland Security’s Homeland Security Investigations division, commonly known as HSI, failed to find evidence on three cellphones that they searched in connection with the case.

The defense claims that HSI may have found evidence that could absolve Josh, but that it was buried so as not to damage the case against him.

“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,” the filing said.

“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.”

It seems unlikely that information found on a phone could somehow clear Josh’s name, but that might not matter.

If the defense can prove prosecutorial misconduct then Josh could beat the charges, even if all other signs point to his guilt.

Such a technicality wouldn’t do much for the Duggar family’s reputation, but it could be enough to keep Josh out of prison, which is undoubtedly the family’s number one goal at this point.

Insiders say Josh is certain he’ll beat the charges, and this new strategy from his legal team could be the cause of his confidence.

Amazingly, those closest to Josh have maintained their belief in his innocence.

Insiders say Anna Duggar is convinced that her husband has been framed by the Biden administration and would never have been arrested if Donald Trump had been re-elected.

While that’s obviously absurd, it’s not impossible that Josh and Anna will soon be having the last laugh at a victory party hosted by Jim Bob and Michelle.

We’ll have fuirther updates on this developing story as more information becomes available.

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