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United States v. Josh Duggar

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United States v. Josh Duggar

#1

Post by Tiredretiredlawyer »

Lengthy, yet informative article.
https://www.dailykos.com/stories/2021/5 ... -to-prison
Jim Bob and Michelle Duggar may have put Josh on a path to prison

Long before Donald Trump came down the Trump Tower escalator, the religious right seemed to have a nasty habit of picking some really bad people as heroes. Without a doubt, two of the worst pre-Trump examples were America’s most infamous babymakers, Jim Bob and Michelle Duggar. In 2015, it emerged that the oldest of their 19 children, Josh, had molested five girls while he was a teenager in 2002-03—including four of his younger sisters—and Jim Bob and Michelle dragged their feet in reporting it.

And yet, when this writer and others in the blogosphere and mainstream media pointed this out, we were pilloried for it. After all, if you were a regular viewer of 19 Kids and Counting on TLC, you saw a family that seemed to be the very model of wholesome Christian living. As the story went, those evil libruls just didn’t like that, and would do absolutely anything to tear them down. Indeed, someone I was dating at the time ruled out any prospect of us going any further because of my criticism of Jim Bob and Michelle. As she put it, I was “not only not building the kingdom of God,” but “actively working to tear it down.”

Well, what remained of that myth blew apart on May 5, when Josh was released on bail after pleading not guilty to federal charges of receiving and possessing child pornography. He’d been arrested on April 29, two years after a Little Rock police officer discovered images of child sex abuse material—some of which depicted kids as young as 12 years old—being downloaded to a computer at Josh’s used car dealership in Fayetteville, Arkansas. The subsequent two-year federal investigation by the FBI and Homeland Security Investigations turned up a trove of over 200 images, some of which were extremely graphic.

At the hearing, HSI agent Gerald Faulkner revealed that Josh had installed a program called “Covenant Eyes” on his computer in order to help combat a porn addiction that he’d disclosed in 2015, when he admitted to trolling for affairs on Ashley Madison even though he was married. The program captured screenshots on his work computer and sent them to Anna, his wife, who would call him out if he was surfing inappropriate sites. However, according to Faulkner, Josh had installed a password-protected Linux network on his work computer, creating a portion of his hard drive that Covenant Eyes couldn’t track. It was there that Faulkner found what he described as one of the five worst cases of child porn he’d ever seen.
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Re: State of Arkansas v. Josh Duggar

#2

Post by Maybenaut »

That is interesting. But I don’t think the State of Arkansas is prosecuting, is it?
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Re: State of Arkansas v. Josh Duggar

#3

Post by Tiredretiredlawyer »

Unless it's in federal court. I'll check.
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Re: United States v. Josh Duggar

#4

Post by Tiredretiredlawyer »

Thanks, Maybenaut!
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Josh Duggar trial???? Any one keeping up with it?

#5

Post by sad-cafe »

I hope that child molester kiddie porn lover spends the rest of his life in prison

I believe his trial started today
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Re: Josh Duggar trial???? Any one keeping up with it?

#6

Post by MN-Skeptic »

The New York Times has an article about the trial - Josh Duggar of ‘19 Kids and Counting’ Goes on Trial in Child Pornography Case - but it's probably behind a paywall.

It looks like Anna Darling, an Arkansas reporter, will be tweeting about it along with posting articles at KNWA, Fox 24 in Fayetteville.

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Re: Josh Duggar trial???? Any one keeping up with it?

#7

Post by Lani »

His wife gave him baby #7 this month.

Today was jury selection day.
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Re: Josh Duggar trial???? Any one keeping up with it?

#8

Post by Luke »

Here's the Times' story. Never followed these people. Agree with sad-cafe. Where are the QAnons about this child abuse story?

Great. Huckabee, Frothy & FRC. Hope the inmates share those family values with Josh when he's in prison.
Mr. Duggar also announced that he had resigned from his position as the director of the lobbying arm of the conservative Family Research Council, a platform that he used to oppose gay marriage and abortion — and to boost his profile on the political right. He had previously worked on the 2008 presidential campaign of Mike Huckabee, the Republican former governor of Arkansas, and on the 2012 presidential campaign of former Senator Rick Santorum, a Republican of Pennsylvania.
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Re: Josh Duggar trial???? Any one keeping up with it?

#9

Post by Baidn »

These people's actions in the shadows is the only thing more disgusting than their hypocrisy. I honestly think a close look she be had at Huckabee given his penchant for hanging out with abusers.
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Re: Josh Duggar trial???? Any one keeping up with it?

#10

Post by LM K »

I've followed Duggar's arrest but I didn't know his trial started today.

I will be following it.
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Re: Josh Duggar trial???? Any one keeping up with it?

#11

Post by Maybenaut »

The government’s motion to admit prior acts of molestation as propensity evidence under Federal Rule of Evidence 414 was granted. The defense’s claim that Bobye Holt’s testimony recounting Duggar’s confession to her is shielded by the clergy-penitant privilege was denied because she was not a member of the clergy.

I’m generally not a fan of Rule 414. Ordinarily, under Rule 404, the government can admit prior bad acts for certain limited purposes - to prove that the possession of child pornography was no accident, for example. But the jury would be instructed that they can consider the prior acts only for the limited purpose for which it was admitted, and they’d be instructed they can’t consider it for any other purpose, or conclude that because the defendant had the propensity to commit the charged crime because he is a bad person.

Rule 414, on the other hand, applies only to child molestation cases (including child pornography), and says that any evidence of prior molestation (even a mere allegation) is admissible for any purpose the jury deems it relevant. So they *can* use that prior act to decide the defendant had the propensity to commit the offense because he is a bad person.

As a defense counsel, I hate that because of the due process implications. But it’s the Rule that we have, and the judge in this case applied it according to the law. There’s a similar Rule for sexual assault involving adults - Rule 413. It operates the same way.

https://storage.courtlistener.com/recap ... .106.0.pdf
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Re: Josh Duggar trial???? Any one keeping up with it?

#12

Post by LM K »

Lani wrote: Tue Nov 30, 2021 10:43 pm His wife gave him baby #7 this month.

Today was jury selection day.
We've discussed Duggar's arrest on child porn charges in various threads. Below I've linked to articles posted on Fogbow about Duggar's criminal lawsuit.

Despite faith-based porn filter, Josh Duggar had 200+ illicit images of kids

Josh Duggar's internet usage was sent to his wife to track his porn habit, federal officials say

Jim Bob and Michelle Duggar may have put Josh on a path to prison

Super short Fogbow thread:
State of Arkansas v. Josh Duggar
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Re: Josh Duggar trial???? Any one keeping up with it?

#13

Post by Foggy »

LM K wrote: Wed Dec 01, 2021 1:37 pm I will be following it.
Cool. 8-)
Out from under. :thumbsup:
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State of Arkansas v. Josh Duggar

#14

Post by Foggy »

Hay, should I merge this with the other thread?
Edit: Oh yeah, I'm merging it. The other thread was the beginning of the same story, same case. So the answer to sad café's question is, we were keeping up with it, and now we are again.

But the two threads need to be merged.
Out from under. :thumbsup:
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Re: State of Arkansas v. Josh Duggar

#15

Post by Maybenaut »

Foggy wrote: Wed Dec 01, 2021 2:41 pm Hay, should I merge this with the other thread?
Edit: Oh yeah, I'm merging it. The other thread was the beginning of the same story, same case. So the answer to sad café's question is, we were keeping up with it, and now we are again.

But the two threads need to be merged.
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Re: State of Arkansas v. Josh Duggar

#16

Post by LM K »

Judge isn't allowing electronics in the courtroom, so no live tweets.
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Re: State of Arkansas v. Josh Duggar

#17

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Re: State of Arkansas v. Josh Duggar

#18

Post by LM K »

Opening arguments began today.

I snipped some very graphic material. The material found on Duggar's computer turned my stomach.

After his arrest, Duggar spoke to investigators for almost an hour without counsel.
Former 19 Kids and Counting reality star Josh Duggar downloaded images and video on a work computer of children as young as 7 years old being “abused,” “violated,” and “exploited,” federal prosecutors said in opening statements on Wednesday.

The jury heard graphic descriptions on Wednesday of the materials from prosecutors, while Duggar’s defense maintained the 33-year-old didn’t have the technical knowledge to discreetly browse the illegal content found on the computer. Duggar, the oldest child of his famous fundamentalist Christian family, was arrested in Arkansas in April and charged with “knowingly” receiving and possessing child sexual abuse materials. He pleaded not guilty on both counts. He faces up to 20 years in prison and a fine of up to $250,000 for each count if he is convicted.
:snippity:

According to prosecutors, Duggar used a device that virtually “split” his HP desktop work computer into “two independent sides,” allowing him to use the computer at the used car dealership’s “shed-like” office for usual business purposes on one side while browsing illegal content on the other.
:snippity:

Defense attorney Justin Gelfand argued that Duggar didn’t have the knowledge to install the sophisticated software found on his work computer. He suggested someone else was responsible, describing the case as an “old-fashioned whodunit.”

The defense also blamed government investigators for moving slowly to investigate the illegal activity — which law enforcement software detected in May 2019 but was not flagged by officials until June 2019. According to the defense, law enforcement unfairly associated the activity with Duggar before exploring all other potential avenues, such as his coworkers.
:snippity:

Federal officials seized Duggar’s iPhone, MacBook, and HP desktop computer at the dealership, among other devices, via search warrant in November 2019. The devices were sent to Washington, DC, for review, prosecutors said, and investigators found that Duggar used what is known as a peer-to-peer network on his desktop computer at his business, Wholesale Motorcars.

These networks involve devices connecting directly to other computers or servers, which allows for easy exchange of files to download or share
. These systems are known by law enforcement to be a common way child sexual abuse material is distributed, prosecutors said.
:snippity:

Once in the vehicle, Faulkner said Duggar asked them, “So what guys, someone downloading child porn?”

Agents then read Duggar his Miranda rights and asked for consent to record their conversation. Three excerpts of the 51-minute conversation were played in court on Wednesday. The conversation was practically friendly: the three men laughed at points, and Duggar sounded calm. He expressed understanding, “respect,” and gratitude at multiple points to the agents for their work in law enforcement.
:snippity:

In another, the agents asked whether Duggar is familiar with peer-to-peer networks. Duggar said he was and that he had used these networks on all three of his devices.
:snippity:

“Did something happen on my devices...Did it mark this IP address?” Duggar asked, adding he’s seen no “red flags” that would alert him of something like child sexual exploitation material being downloaded at his business.

In the third clip, the agents told Duggar they had information pointing out that someone at the property had been downloading illegal content.

“We don’t want to speculate,” one told Duggar, adding they want to figure out how the car lot became linked to the illegal downloads on a peer-to-peer program.

“Appreciate what you guys do,” Duggar replied. “I don’t want to say that I’m guilty or not of accessing inappropriate content at some point of my life.”

:snippity:

In an evidentiary hearing Monday, Duggar’s lawyers argued testimony from Jim Bob Duggar as well as the parents of a girl Josh Duggar is accused of molesting, should be kept confidential during the trial under “clergy privilege” — meaning they should be exempt because they are church leaders.
:snippity:

The judge on Wednesday denied that motion and allowed prosecutors to show the jury evidence of Duggar's prior child molestation.
The defense claims that Duggar doesn't have the technological knowledge to do any of what he is accused of doing. Yet, during his first interview, Duggar told investigators that he used peer-to-peer software on his 3 devices.
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Re: United States v. Josh Duggar

#19

Post by Maybenaut »

I wonder why he didn’t plead guilty. Child pornography cases are notoriously difficult to win. The government will (if it hasn’t already) bring in computer forensic examiners who will explain how the computer was partitioned, how (and possibly when) the images were placed on the computer, and how even deleted files remain on your hard drive. And they’ll explain it it such a way that even a luddite like me can understand it.

Maybe the government wasn’t offering a sweet enough deal (or wasn’t offering any deal), but even a guilty plea with no deal gets “taking responsibility” points at sentencing.

He’s entitled to his day in court, but I will be shocked if he’s acquitted. The jury’s not going to buy the some-other-dude-did-it defense. And if the defense floats that idea, I wouldn’t be surprised if the government calls all the people who work there to testify about who did and did not have access to that computer.
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Re: United States v. Josh Duggar

#20

Post by woodworker »

I swear it wasn't me, it was Antifa trying to destroy me in order to prevent my father from being elected and then becoming president of this christian nation. I find that extremely credible, don't you all?
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Re: United States v. Josh Duggar

#21

Post by Atticus Finch »

Soros did it. He is that good.
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Re: United States v. Josh Duggar

#22

Post by LM K »

This is the only live tweet acct I could find.

https://twitter.com/SparrowHeart23?t=gr ... qS5Vg&s=09
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Re: United States v. Josh Duggar

#23

Post by LM K »

Maybenaut wrote: Thu Dec 02, 2021 9:12 am I wonder why he didn’t plead guilty. Child pornography cases are notoriously difficult to win. The government will (if it hasn’t already) bring in computer forensic examiners who will explain how the computer was partitioned, how (and possibly when) the images were placed on the computer, and how even deleted files remain on your hard drive. And they’ll explain it it such a way that even a luddite like me can understand it.

Maybe the government wasn’t offering a sweet enough deal (or wasn’t offering any deal), but even a guilty plea with no deal gets “taking responsibility” points at sentencing.

He’s entitled to his day in court, but I will be shocked if he’s acquitted. The jury’s not going to buy the some-other-dude-did-it defense. And if the defense floats that idea, I wouldn’t be surprised if the government calls all the people who work there to testify about who did and did not have access to that computer.
I'm surprised Duggar didn't take a plea. As I'm following the trial I'm left to suspect that Duggar wasn't offered any deal. If the defense asked for a deal, the prosecutor must have said no.

The DHS/FBI computer witnesses have testified. They explained very clearly how they're certain it was Duggar who downloaded the porn. The computer was used in his business office, and thus available to employees; investigators just explained how they they became certain it was Duggar who was downloading porn on that computer.

The defense is going with the "it was someone else". Unfortunately for them, most of the people they've pointed their fingers at weren't employees when the porn was downloaded. The employee working during that time period was out of state when the porn was downloaded.

Trying to blame other "employees" is making the defense impossible to believe.

Duggar's password for the computer? JoshuaJJ

One of the biggest hurdles for the defense? Duggar spoke to investigators without counsel for almost an hour. Duggar's own interviews directly contradict his defense. But defense counsel is doing the best they can with the evidence they have or must challenge.

I initially thought that Duggar downloaded photos only. He downloaded photos and videos.


I've posted some tweets below. I've hidden them for those who don't want to be exposed to them. There is nothing graphic in the tweets I've included.

The woman tweeting is very biased. But no one else is live tweets.
► Show Spoiler
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Re: United States v. Josh Duggar

#24

Post by LM K »

► Show Spoiler
Trial ends for the day.

Duggar is going away for a very long time.
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Re: United States v. Josh Duggar

#25

Post by MN-Skeptic »

Anna Darling is also live tweeting -

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