Josh Duggar, the reality star accused of receiving and possessing child pornography in April, had first pleaded not guilty to the charges, and has now sought to get the case dismissed. Duggar’s legal team filed motions in the US District Court for the western district of Arkansas on Friday, arguing that the case be dismissed on account of technicalities about who was running the Department of Homeland Security (DHS) when they investigated Duggar, according to a report by Global Times. Josh Duggar’s lawyers said that investigators have failed to preserve evidence that could have helped his defence.

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The 33-year-old Josh Duggar featured on the TLC reality show “19 Kids and Counting” from 2008 to 2015. In April, Duggar was formally charged with receiving and possessing child sexual abuse material in Arkansas. Some of the material he is alleged to have possessed depicted sexual abuse of children younger that 12, according to federal officials.

Duggar’s attorneys said that investigators have failed to preserve potentially “exculpatory evidence” and that the two acting secretaries of the Department of Homeland Security at the time of investigation were not appointed properly. The lawyers say that the charges against Josh Duggar stem from allegations involving a desktop computer from a business that Josh Duggar owned and operated.

The concerned business reportedly was that of a car lot in Springdale, Arkansas, as per court records filed before the US District Court on Friday.

It was in November, 2019 when the Homeland Security investigations division of the Department of Homeland Security secured a federal search warrant for the car lot. Upon investigation, officials searched cell phones of three witnesses, one of whom was described as a “person of interest”, according to court records.

“The problem is that HSI may not have identified evidence of child pornography during the field examination of these devices — but failed to preserve other potentially exculpatory evidence,” the court filling said.

Josh Duggar’s lawyers further say that Kevin McAleenan and Chad Wolf were incorrectly installed as acting secretary of homeland security while their client was under investigation. The attorneys say that the “unlawful appointments merit dismissal”. For now, Josh Duggar is confined to the hope of family friends who have agreed to his custodians during his release. If convicted, Duggar could be looking at prison for 20 years and a fine of $250,000.