When Josh Duggar was sentenced to 151 months in prison back in May of 2022, the world breathed a collective sigh of relief.
Millions hoped that that would be the last we’d hear from Josh for the next decade or so, but unfortunately, that turned out not to be the case.
Lawyers for the convicted predator were back in court on Thursday for a hearing before a three-judge panel of the 8th U.S. Circuit Court of Appeals.
Their goal is to secure a second trial in the hope of having Josh’s conviction overturned.
Defense lawyers allege that federal agents violated Josh’s rights when they confiscated his phone as they searched his workplace for evidence of child pornography.
“[Duggar] takes out his phone, physically puts it to his ear… for the purpose of contacting his legal counsel,” Josh’s attorney Justin Gelfand explained in court.
“What federal agents did is they physically took the phone out of his hand and from that point forward, deprived him of the ability to communicate with his legal counsel, as was his constitutional right.”
Agents from the Department of Homeland Security who raided Josh’s office have countered that argument by pointing out that Josh was not under arrest at the time, and thus could have contacted his lawyers by other means.
“He was told he was free to go. No reasonable person in his shoes at that time would believe that,” Gelfand alleged in response.
Asked by the judge if Josh could have walked to a neighboring business to use the phone, Gelfand replied:
“This lot was accessible only by a highway with no sidewalk, it was in the middle of nowhere. There was nowhere to go.”
The attorney also alleged that Josh had been denied access to his car.
“The vehicle he came in was searched, he had no access to it,” Gelfand said.
“The keys to the other vehicles in the car lot were in the office. He wouldn’t be allowed to enter without an escort.”
“Mr. Duggar was not in custody at any point during the search of the used car lot… Mr. Duggar was repeatedly told he was not in custody and was free to leave,” replied Joshua Handell, an attorney for the prosecution.
“He said his wife was pregnant and expecting soon. He may have to leave in order to contact her. The agent said that’s perfectly fine,” Handell continued.
“Mr. Duggar did leave the scene at a time of his choosing and without being arrested… Mr. Duggar voluntarily ended the interview. He was not arrested until a year and a half later.”
Observers initially assumed that Josh’s appeal would be promptly thrown out of court, but the panel of judges seemed to find the defense’s argument compelling.
“I am a little concerned though… The agent knew he was trying to call his counsel. It appears that might have been the only way he could’ve done so,” one judge said in court on Thursday.
“It does concern me when someone makes an attempt to contact counsel… and is unable to call counsel because there is no alternative way to do it. I’ve never seen that before.”
At the end of the hearing, the judges put the case “under advisement” before dismissing counsel.
If granted a second trial, Josh’s lawyers will reportedly argue that their client was framed by Caleb Williams, a longtime family friend who is also a convicted sex offender.
Prison sources say Josh is currently in solitary confinement, having been caught with a cellphone that was smuggled into the facility.
Insiders say Josh’s wife, Anna Duggar, has maintained her belief that her husband is innocent and will be acquitted on appeal.
Not all of the Duggars are so naive, however.
While promoting her new memoir, Jinger Duggar revealed that she has not spoken with Josh in two years.
“That’s something that is still just so difficult for me to talk about,” Jinger admitted.
“And my heart breaks for the victims and their families. And at the same time, I’m just so grateful for the justice system. I’m grateful that justice is being served. It’s just so heartbreaking.”
So at least one Duggar won’t be rooting for Josh as he presses on with his appeal.
We’ll have further updates on this developing story as new information becomes available.
Josh Duggar Appeals Conviction In Federal Court; Is There a Chance He Could Actually Go … was originally published on The Hollywood Gossip.