Josh Duggar's attorneys seek dismissal of child pornography case

Josh Duggar's lawyers want his child pornography case tossed.

Attorneys for the former TLC star, who is accused of receiving and possessing material depicting the sexual abuse of children, filed two motions on Friday seeking to dismiss the case. According to the Northwest Arkansas Democrat-Gazette, Duggar's defense team argues the government failed to preserve potentially exculpatory evidence during its investigation.

A second motion claims the case should be dismissed because the two acting secretaries of the U.S. Department of Homeland Security during the investigation weren't properly appointed under the designated order of succession when Secretary Kirstjen Nielsen resigned in 2019.

Attorneys for Josh Duggar file motions to dismiss child pornography case.
Attorneys for Josh Duggar file motions to dismiss child pornography case. (Photo: Getty Images)

Lawyers for the 19 Kids and Counting alum, 33, also filed three motions to suppress evidence in the case.

One motion claims Duggar was questioned without his lawyer present because investigators physically seized his cell phone, so any statements he made should be thrown out. A second motion seeks to suppress photos of Duggar's hands and feet that were taken after his arrest. A third alleges investigators waited too long to execute their examination of the electronic devices seized.

Duggar, who previously admitted to molesting five young girls, including four of sisters, was indicted in April on two counts of downloading and possessing child pornography. Prosecutors alleged the material depicts kids under the age of 12. Duggar is the father of six young children with a seventh on the way. He has pleaded not guilty.

The disgraced reality star was granted bail but must remain away from his family. Duggar is confined to the home of family friends. He faces up to 20 years of imprisonment and fines up to $250,000 on each count.