Josh Duggar is seeking a new trial, claiming that federal agents wrongfully “detained” him and would not allow him to contact his attorney during an interrogation at his Arkansas car dealership, The Post can confirm.
Lawyers for the disgraced 34-year-old star of TLC’s “19 Kids and Counting” filed papers on Tuesday appealing Duggar’s federal conviction for child pornography. He was sentenced to more than 12 and a half years in prison in May.
Court documents obtained by The Post allege that Homeland Security had previously monitored Duggar’s parking lot – described as “in the middle of nowhere” – and that officers were waiting for him to arrive in November 2019 to execute a search warrant “when there was no reason [the lot’s] the owner had to be present.
Once there, Duggar was reportedly “surrounded by armed officers wearing body armor and without access to a vehicle. [He] attempted to call his lawyer only to have his phone physically taken and was told his lawyer would not be allowed on the premises,” according to the 34-page filing.
The Post has contacted Duggar’s attorneys for comment.
The documents allege that Duggar was put in a police car with two armed officers.
“This court should find that a reasonable person in Duggar’s position would have felt ‘significantly deprived of freedom of action,'” the document states.
“The government also argues that Duggar was not retained,” the appeal argues. “But restraint is more than being handcuffed.”
Duggar’s legal team refuted the government’s argument that he was told he could leave the scene saying he had no way to leave.
“He should indeed have walked onto the shoulder of a rural highway to leave the police-dominated environment,” the filing claims.
In the new paperwork, Duggar again points the finger at former colleague Caleb Williams.
“Duggar had the right to present evidence that someone else had the
the motive, opportunity and knowledge to commit the offences, and the will of the government
the claim that there is no evidence to charge Williams is inaccurate and misses the mark,” the documents read.
Duggar was convicted of receiving and possessing child sexual abuse photos and videos following a six-day trial in December 2021. He is serving his sentence in a prison in Seagoville, Texas , where he would have strict rules to follow. A judge denied his request for a new trial in May.