Josh Duggar accuses federal agents of unfair ‘restraint’ in bid for new trial
Josh Duggar is asking for a new trial by claiming federal agents unfairly “restrained” him and would not allow him to contact his lawyer during an interrogation at his Arkansas car dealership, The Post can confirm.
Attorneys for the 34-year-old disgraced star of TLC’s “19 Kids and Counting” filed paperwork Tuesday appealing Duggar’s federal conviction on child pornography charges. He was sentenced to over 12 1/2years in prison in May.
Court documents obtained by The Post allege Homeland Security already had surveillance of Duggar’s car lot — described as “in the middle of nowhere” — and agents were waiting for him to arrive in November 2019 to carry out a search warrant “when there was no reason [the lot’s] owner had to be present.”
Once he did arrive, Duggar was allegedly “surrounded by armed agents wearing ballistic vests, and without access to a vehicle. [He] attempted to call his attorney only to have his phone physically taken and was told his attorney would not be allowed on the scene,” according to the 34-page filing.
The Post contacted Duggar’s attorneys for comment.
The documents allege Duggar was put in a police car with two armed agents.
“This court should conclude a reasonable person in Duggar’s position would have felt ‘deprived of his freedom of action in any significant way,’” the paperwork states.
“The government also contends Duggar was not restrained,” the appeal argues. “But restraint is about more than being handcuffed.”
Duggar’s legal team refuted the government’s argument that he was told he could leave the scene by saying 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,” the filing claims.
In the new paperwork, Duggar once again points the finger at former co-worker Caleb Williams.
“Duggar was entitled to present evidence that someone else had the motive, opportunity, and knowledge to commit the offenses, and the government’s assertion that no evidence inculpates Williams is inaccurate and misses the mark,” read the documents.
Duggar was found guilty of receiving and possessing child sex abuse photos and videos following a six-day trial in December 2021. He is serving his sentence at a prison in Seagoville, Texas, where he reportedly has strict rules to follow. A judge denied his request for a new trial in May.