Attorneys for 19 Kids and Counting star Josh Duggar have asked a judge to dismiss the child pornography case against him.

E! News obtained copies of the filing, in which Duggar’s attorneys requested the court to dismiss both charges against him, that of possessing and receiving child pornography.

His attorneys argue that investigators failed to preserve “exculpatory evidence” that could have helped exonerate Duggar, 33. In addition, his legal team claims that two acting secretaries of the U.S. Department of Homeland Security were not properly appointed when the Duggar investigation was unfolding, which they claim merits dismissal of the charges.

In addition to seeking dismissal, the reality star’s lawyers also requested the court prevent certain evidence from being shown in court, should it head to trial — such as statements Duggar provided police before speaking to his lawyer, as well as photos of their client’s hands and feet, which they claim were not authorized.

Duggar is accused of downloading child sexual abuse material, some of which depicts children younger than 12, and having it in his possession in May of 2019, according to the indictment.  He has pleaded not guilty. If convicted on all charges, he could face up to 40 years in prison.

Duggar has been the focus of several controversies over the years, starting in 2006 when he was investigated for allegedly molesting five underage girls when he was a teenager. Since then, two of his sisters — Jill, 30, and Jessa, 28 — have come forward as two of his victims.

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