Josh Duggar wants his child pornography charges dismissed because of Donald Trump / LGBTQ Nation
Josh duggarPhoto: Mugshot
Josh Duggar’s lawyers are doing everything possible to have the federal charges against him dismissed before trial. Their last tactic in this battle is to attack the actions of former President Donald Trump.
During much of the multi-year investigation of Duggar by federal law enforcement under the Department of Homeland Security (DHS), the department was under the direction of officials whom federal courts later considered illegal appointments by Trump. Thus, the investigation should also be considered illegal, argue his lawyers.
Related: Josh Duggar Hosted a Gender Reveal Party With His Sisters Right Before His Child Pornography Arrest
DHS’s investigation into Duggar began in 2019, first under the tenures of Kevin McAleenan and then Chad Wolf, both of whom served as Acting Homeland Security Secretary under Trump’s leadership.
Federal courts and the Government Accountability Office (GAO), which investigates the federal government and reports to Congress, have ruled that their terms as interim secretary are not legal. McAleenan was not supposed to succeed Kirstjen Nielsen, and therefore Wolf was not legally supposed to succeed McAleenan – yet that is what happened anyway.
Some of their actions, including Wolf’s attempt to suspend the Deferred Action Program for Arrivals of Children (DACA), have been deemed illegal or unconstitutional. Duggar’s lawyer thinks the same should be happening here.
Homeland Security Investigations (HSI), a sub-department of the Immigrations and Customs Enforcement (ICE) agency, led the federal investigation into the former reality star in Arkansas. A Little Rock Police Department detective investigating Duggar at the time informed them of possible federal criminal implications.
Duggar’s defense team filed a motion on August 20 to dismiss charges of possessing and receiving child pornography, according to Law and criminality. This is just one of their motions to try to drop or undermine the charges against Duggar before the case goes to trial in November.
“As the actions of DHS HSI in this matter were all carried out under the authority of individuals who were acting as officers of the United States in violation of both the appointment clause and the federal legislative scheme applicable to incumbents temporary functions, the investigation took place without legal authority. Justin Gelfand wrote in Duggar’s defense. âBecause appointments clause violations are structural in nature, Duggar does not need to show prejudice to obtain redress. “
Another motion claims that Duggar’s constitutional right to have a lawyer present during a police questioning was denied, although federal officials have a right Miranda Disclaimer document signed by Duggar in 2019, which means he has certified that he knows his rights at some point. Duggar’s attorney said some of the investigator’s actions took place before the warning was signed.
The court also granted a defense motion to compel two other local police departments that were investigating Duggar independently of Homeland Security to turn over any evidence to them, which the defense said could be exculpatory of their client.
Duggar was arrested and charged with child pornography charges on April 30. The 33-year-old was apprehended in Arkansas and is currently being held without bail.
The former star of the “Family Values” reality show reportedly uploaded footage, “some of which depicts sexual abuse of children under 12, in May 2019,” according to prosecution documents. His home and car were reportedly searched for the first time by federal officials in November 2019.
He faces 20 years in prison and fines of up to $ 250,000 on each count. He pleaded not guilty.
Charges that he allegedly assaulted his younger sisters had already cost Duggar his job at the Family Research Council (FRC), an anti-LGBTQ hate group, in 2015.
Duggar rose to fame on the hit reality show TLC 19 children and count. He is the oldest of 19 children of Jim Bob and Michelle Duggar and now, at 33, he already has six children.
He capitalized on his fame through the show and became the executive director of FRC Action, a PAC run by the anti-LGBTQ hate group appointed by the SPLC. He appeared at rallies to oppose marriage equality across the country and was a public face for the organization.
In 2013, while working at FRC, he said his lesbian aunt “chooses” to live a lesbian “lifestyle”. The following year, he said LGBTQ rights threatened children. Her mother recorded a robocall at the time that said anti-discrimination measures allowed “child predators” to threaten “the safety and innocence of a child.”
But in 2015, accusations that she and her husband helped cover up their son Josh’s allegations of sexual abuse of his little sisters came to light.
Duggar was forced to resign from FRC Action, and TLC canceled the family’s show soon after, and further revelations were made about how his parents believed Christian counseling was enough to reform him.
âTwelve years ago, when I was a young teenager, I acted inexcusably, for which I am extremely sorry and deeply regret. I hurt others, including my family and close friends, âDuggar said in a statement at the time.
âI confessed this to my parents who took several steps to help me cope with the situation. We spoke with the authorities where I confessed to my wrongdoing, and my parents arranged for me and those affected by my actions to receive counseling. I understood that if I continued on this wrong path, I would end up ruining my life.
The officer he and his father spoke to reportedly gave him only a “stern speech” and did not investigate further. This same state soldier was himself later arrested on charges of unrelated child pornography and sentenced to 56 years in prison.