Josh Duggar is still fighting his child porn conviction.
Of course, the 34-year-old disgraced reality TV star was found guilty of possessing child pornography in a very public and messy trial just over a year ago. In May, he was sentenced to serve 151 months in federal prison on that conviction. A month later, he was transferred to FCI Seagoville in the Dallas, Texas area, where he is set to live out the 12 remaining years of his sentence.
But the 19 Kids And Counting alum isn’t done fighting his case. In October, his legal team filed to appeal his conviction. And now, court documents are shedding light on what Josh claims really happened leading up to and during his arrest last spring — and why he thinks it means he deserves another trial!
Related: HORRIFYING Details Of Josh’s Child Porn Allegations
On Wednesday morning, the US Sun revealed that in Duggar’s newly released appeal documents, his legal team is arguing federal agents illegally restrained him while they descended on the Arkansas used car lot where he was working last April.
The documents claim:
“Federal agents surveilled Duggar’s business, waiting for him to arrive. The business was accessible only by a divided highway with no sidewalk and was ‘in the middle of nowhere.’ When Duggar arrived, agents—armed and wearing tactical gear—converged in six vehicles. Duggar immediately took out his phone and said he was calling his attorney. [An agent] took the phone from Duggar’s hand, preventing him from calling counsel.”
In the filing, Josh alleges he was “blindsided” and “not allowed to leave” the dealership as agents searched the lot. We mean… this sounds like a typical FBI raid, right? Does anyone think child porn suspects should be free to come and go during busts? Is there something we’re missing?
The appeal docs continued:
“Yet, against this backdrop, the Government argues Duggar ‘maintained unencumbered freedom of movement’ and that the district court was correct in concluding a reasonable person in Duggar’s position would have perceived himself as not having been ‘deprived of his freedom of action in any significant way.’”
The filing goes on to criticize federal authorities for what Duggar’s legal team argues was overreach in his arrest:
“The Government clings to the notion that Duggar was allegedly told he was free to leave—even though the Government is silent about the inconvenient fact that he had no means to leave. He would have effectively had to walk on the shoulder of a rural highway to leave the police-dominated environment.”
We mean. That’s not on the government, is it? Providing him with a rental car? As we saw in the trial, they already had very good reason to search Duggar’s computer, phone, etc — if that means he’s deprived of means to call an Uber, is that really supposed to undo the entire investigation??
Per the outlet, that part of the newly-unearthed documents concluded:
“The Government also contends Duggar was not restrained. But restraint is about more than being handcuffed. Duggar was placed in a police vehicle with two armed agents. He was told his attorney could not join him after he attempted to call counsel, and he had no access to a vehicle. This Court should conclude a reasonable person in Duggar’s position would have felt ‘deprived of his freedom of action in any significant way.’”
We have a hard time thinking an appeals court is going to side with the guy who was hiding child porn against the word of all these federal agents. Certainly this isn’t going to change any minds in the court of public opinion, right?
Related: Josh Mentioned Child Porn Before Feds Even Started Interrogating Him
But it’s not just accusations of mistreatment by the FBI. Josh is also focusing this new appeal argument on one of his employees, a man named Caleb Williams.
Williams is a registered sex offender. He was previously arrested for criminal sex abuse after being accused of abusing a minor several years prior to Duggar’s arrest. And it was Williams, Duggar’s team alleges, who was responsible for the child pornography on computers at the car lot. This new filing claims:
“Law enforcement failed to investigate Williams and never analyzed Williams’ devices the computer could have been accessed remotely the images and videos were ‘streamed,’ suggesting remote access was possible Williams regularly used the computer and the Government withheld evidence concerning Williams. Duggar was prepared to introduce text messages between Williams and Duggar suggesting Williams’ presence during the relevant time period.”
Duggar’s lawyers also laid out their reveal of having evidence regarding Caleb’s alleged actions. The legal team argued Williams had “familiarity” with the business and its computers and added:
“[Caleb] worked at the business; had familiarity with the computer and its software; engaged in eBay sales and utilized the computer to print labels; sent a text message on May 7, 2019 offering to watch the business that week; spent the night one mile from the business on May 9, 2019; and concealed all metadata on documents provided to the Government in an attempt to establish he was not present. Duggar’s evidence that Williams had the access, opportunity, knowledge, and motive to commit the crimes charged was more than sufficient.”
The thing is, those following the case closely might notice… all of this was presented by his legal team in court. They were trying to pin it on someone else the whole time. But numerous things made that tough — you know, like the password on the porn being the same as the Duggar Family Instagram password. That kinda thing. Not to mention Josh was accused of several instances of child molestation both during his trial and years before.
Interestingly, Caleb has already responded to this new appeals allegation centered on him. He told The Sun he has “pity” for Josh, explaining:
“In my opinion, this is a big PR stunt and he wants his freedom, I get it. I really just hope he gets some help and by the time he gets out and moves on with his life, he becomes a productive citizen. I’m all about second chances when somebody actually takes steps that are positive in their life to make a difference in the bad decisions they’ve made. Taking responsibility is the first step in that.”
Well, don’t hold your breath for Josh taking responsibility. We wouldn’t be surprised if he maintains his innocence until the day he dies, long after he does his time. Hell, he’ll probably write a book about it. For now though, his legal team is requesting an appeals court vacate his guilty conviction and give him a new trial.
What do U think about this appeal argument, y’all? Share your take down in the comments (below)…
[Image via Washington County Detention Center.]
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