Josh Duggar’s newest motions in youngster pornography case denied by court docket: Here is why

Josh Duggar's child porn charges are 'absolutely not a shock,' sources say: 'People like him don't change'

2021-10-13 22:21:58

Josh Duggar‘s newest makes an attempt to suppress statements and pictures in his youngster pornography case have been unsuccessful and the U.S. District Courtroom overseeing his case is explaining why.

On Wednesday, Oct. 13, U.S. District Decide Timothy L. Brooks filed a prolonged memo to checklist the court docket’s causes for denying 4 motions filed by Duggar’s authorized workforce again at a listening to on Sept. 27. Duggar’s 4 motions requested the court docket to suppress statements made by the previous TV star to authorities on Nov. 8, 2019, suppress images of his fingers and ft taken throughout his reserving in jail earlier this yr, dismiss the indictment for violation of the appointments clause, and to dismiss for the federal government’s failure to protect doubtlessly exculpatory proof.

“All motions have been denied from the bench following an in-person evidentiary listening to on September 27, 2021. The Courtroom has orally defined its causes for denying the motions; the next Order gives additional rationalization. To the extent something on this Order differs from what was said from the bench, this Order will management,” Brooks’ memo begins.

Brooks explains that when federal brokers arrived at Duggar’s automotive enterprise again on Nov. 8, 2019, they correctly knowledgeable Duggar he was free to depart if he wished. The choose additionally defined that the court docket discovered brokers to not be at fault for taking Duggar inside a automobile to conduct an interview. 

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“It is usually undisputed that the passenger-side door subsequent to the place Mr. Duggar was seated remained unlocked all through the interview. The Courtroom due to this fact finds that Mr. Duggar was not restrained, and this issue weighs within the Authorities’s favor,” the submitting states.

Anna Duggar and Josh Duggar pose in the course of the forty second annual Conservative Political Motion Convention (CPAC) on the Gaylord Nationwide Resort Lodge and Conference Middle on February 28, 2015 in Nationwide Harbor, Maryland. Duggar is now awaiting trial after pleading not responsible to youngster pornography fees.
(Kris Connor/Getty Photographs)

Moreover, the choose stated a recording of Duggar’s dialog with authorities on Nov. 8, 2019 was performed earlier than the court docket within the Sept. 27 listening to. The tone of the interview was “conversational, not heated,” the choose dominated. 

“Not solely did Mr. Duggar signal a kind demonstrating he understood he was waiving his proper to counsel, however he additionally manifested a transparent understanding of the waiver and the voluntariness of his actions by reminding the brokers earlier than questioning started that he ‘could not reply all the pieces,'” court docket docs proceed.

At one level, nevertheless, the choose claims the court docket did discover one assertion made by the federal brokers on that day that could possibly be “seen as a misleading technique.” Nonetheless, “Mr. Duggar didn’t fall for” it, the docs said.

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Duggar has additionally taken situation with the images taken of his fingers and ft when he self-surrendered to regulation enforcement on April 29, 2021. The pictures have been taken in an inside room as a part of the reserving course of on the Homeland Safety’s Fayetteville, Arkansas workplace.

Whereas being fingerprinted, an agent “observed a scar on Duggar’s left thumb” and Duggar “consented” to having his fingers photographed, which occurred to additionally seize his ft. The previous “19 Children and Counting” star argued that the federal government wanted a warrant earlier than photographing him and violated his Fourth Modification rights.

“There isn’t any authorized authority to counsel brokers wanted a warrant earlier than they might {photograph} Mr. Duggar’s fingers and ft. Mr. Duggar consented to being photographed. Due to this fact, no fourth Modification violation occurred,” Brooks dominated.

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One other movement made by Duggar was to dismiss the indictment in opposition to him as a result of the federal brokers who have been concerned within the investigation of his legal fees have been appearing beneath somebody who was “improperly appointed as Performing Secretary.”

The former star of '19 Kids and Counting' was arrested in Arkansas in April.

The previous star of ’19 Children and Counting’ was arrested in Arkansas in April.
(Washington County Police Division)

Brooks known as the movement “frivolous,” including that there’s “no authorized help for Mr. Duggar’s declare that an indictment handed down by a correctly impaneled grand jury can be topic to dismissal as a consequence of an alleged Appointments Clause violation.”

Lastly, Duggar argued that regulation enforcement officers solely imaged his digital gadgets and never others’. 

“The Courtroom finds that regulation enforcement’s determination to not forensically search and picture sure digital gadgets was made pursuant to a good-faith perception that such further investigative steps have been pointless,” the choose dominated in opposition. “Legitimate causes could exist to criticize regulation enforcement’s thoroughness (or lack thereof) on cross-examination, however the Courtroom is solely not persuaded that regulation enforcement’s actions rise to the extent of a constitutional deprivation of due course of that will require the dismissal of the indictment in opposition to Mr. Duggar,” the ruling concludes.

Duggar’s pre-trial convention is presently scheduled for Nov. 18.

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The disgraced former actuality star was arrested by U.S. Marshals on April 29 in Arkansas. At some point later, he was indicted on federal youngster pornography fees and pleaded not responsible. He was granted launch by a federal choose as he awaits trial.

Duggar starred on TLC’s “19 Children and Counting” till it was pulled from the community in 2015 following revelations that he had molested 4 of his sisters and a babysitter. His mother and father stated he had confessed to the fondling and apologized.

He beforehand apologized for a pornography habit and dishonest on his spouse, Anna. Josh and Anna Duggar have been married since 2008 and share six youngsters with a seventh on the way in which.

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