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The judge overseeing Josh Duggar’s child pornography trial on Wednesday ruled in favor of the government’s request to produce evidence of his previous molestation case.

Duggar’s trial began on Wednesday after the jury was selected in a lengthy hearing on Tuesday. Duggar, 33, is facing two counts of downloading and possessing child pornography. He has pleaded not guilty. If convicted on all counts, Duggar faces up to 20 years in prison and a fine of up to $250,000 in each case. He has pleaded not guilty.


A court filing dated December 1 said Josh has approved of the government’s efforts to produce evidence of other acts of child abuse. Duggar’s request to exclude evidence at trial was denied.

“For the stated reasons, the Court finds that the evidence to be produced under Rule 414 is both relevant and admissible to the Government. Furthermore, the Court found that the admission of this evidence at trial would not contravene Rule 403 ,” state court papers dated and signed by the judge on December 1.

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“It is therefore ordered that the motion of the Government to admit the evidence of the defendant’s prior child abuse conduct is allowed, and the motion of the Respondent to exclude the evidence of the juvenile charges is disallowed. “

An evidence hearing took place on Monday where Jim Bob Duggar and Bobe Holt, a family friend and wife of a church elder at the Duggar family’s former church, testified. After the hearing, Duggar’s legal team argued that Holt should be considered a pastor and that his testimony should be protected by “clerical privilege.” However, the government claimed that Holt said on the stand that she was not a member of the clergy.

“The threshold issue in the immediate case is whether Mrs. Holt qualifies as a ‘clergy’. It is clear from her testimony – which the court found to be very credible – that she was not a pastor when the defendant reported child molestation. I had made some revelations,” the ruling states said.

Holt testified about two separate conversations he had with Duggar in 2003 and 2005, in which he allegedly told her that he molested children.

Josh Duggar trial: Dad Jim Bob has trouble remembering son’s confession about ‘inappropriately touching’ minors

The ruling claimed that Jim Bob Duggar’s testimony “substantially corroborates Mrs. Holt’s testimony.” However, Jim Bob said more than once in his testimony that he could not remember the specific details of Josh’s confession years earlier about “inappropriate touching”.

Josh Duggar is the eldest of Jim Bob and Michelle Duggar's 19 children.

“The court found the selective omission in Mr. Duggar’s memory not credible; he was apparently reluctant to testify against his son. In any event, it was necessary for the government to produce Rule 414 as evidence at trial. His testimony is not necessary; Mrs. Holt’s testimony is sufficient,” the filing states.

Arguments began on Wednesday after the jury was selected after a nine-hour hearing on Tuesday.

According to reports, Judge Timothy L. Brooks named 28 potential or substantiated witnesses at Tuesday’s hearing. These included Duggar’s sister Jill Dillard and brother Jedidiah. It is unclear whether the Duggar siblings will be called by the defense or the prosecution, People Report.

Josh's wife Anna recently gave birth to their seventh child.

The jury consists of 12 jury members and four substitutes. He was released from the court on Tuesday night and is expected to return to work at 8:45 am on Wednesday.

The former “19 Kids and Counting” star is facing two counts of downloading and possessing child pornography. If convicted on all counts, Duggar faces up to 20 years in prison and a fine of up to $250,000 in each case.