Josh Duggar is almost probably going to spend a significant amount of time in prison. This may seem self-evident, but Josh’s future was in doubt just last week due to some shady maneuvers by his attorneys. However, Josh is now facing a series of legal setbacks that are closing in on him like a closing door. His attorneys, to their credit, have taken some risky actions lately. Nevertheless, the court saw through their ruse and refused to tip the scales in Josh’s favor. The defense alleged in one petition that investigators suppressed evidence that could have cleared Josh.
They contended that agents from the Department of Homeland Security examined three cellphones belonging to Josh’s coworkers and returned the phone after deciding that they did not contain anything damning. The defense claims that by handing back the phones and neglecting to properly document everything that was found on them, the prosecution permitted potentially exculpatory evidence to be destroyed.
“In simple terms, the government will not preserve in case, that forensic images of various cell phones belonging to an individual not present in car lot during in time frame and the government had no obligation to do investigation steps based on defendant might need later that date,” the DA Says.
The judge sided with the prosecution, finding that Josh’s handling of the mobile phones was not serious enough to warrant dropping the charges. Of course, that wasn’t the defense’s only ludicrous attempt to have the case thrown out due to a flimsy technicality.
Josh’s attorneys also argued that the charges should be dropped because the two acting secretaries of the U.S. Department of Homeland Security at the time of the Duggar inquiry weren’t appointed according to the intended succession order. Finally, the judge saw right through this desperate foolishness.
When it comes to the dismissal of the indictment, defendant: “the defendant’s assumption that there was an Appointments Clause violation ignores the fact that the indictment was signed by Assistant US Attorneys of the USA for the Western Arkansas District and a Trial Attorney from DOJ,” prosecutor said to the defendant.
Josh’s attorneys made yet another attempt this week to obtain his freedom despite the fact that he’s clearly guilty. Josh’s legal team argued that images taken of his hands following his arrest were a breach of his civil rights. According to legal records obtained by UK tabloid The Sun, images indicate a “scar on the defendant’s hand, which is readily visible.”
The same scar was found “in photographs collected from the defendant’s electronic devices seized pursuant to a search warrant in this case,” according to investigators. Josh’s attorneys grew extremely anxious when they learned of the incriminating image. They feared that Josh might have been embarrassed by the hand photos.
Homeland Security’s actions were more heinous in this capacity because Duggar’s body parts were modified and he was made to pose for the images, their motion alleges. According to any standard, this search and infringement on [his] personal liberty are being conducted without the presence of his attorney, in contravention of his Fourth, Fifth, and Sixth Amendment rights..”
Because of this ruling, the Fifth Amendment protection against self-incrimination does not apply to the presentation of physical attributes of a defendant, such as a photograph. As a result, when Josh’s trial gets underway on November 30, the photos will be accepted as evidence.
Naturally, that’s six weeks away, meaning the defense will make many attempts to have the case thrown out before then. Let’s hope the judge doesn’t fall for it again. Stay with us for further updates in this case of Josh Duggar.