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Trans athlete’s lawyer avoids questions about West Virginia AG’s comments about sexual harassment allegations

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Trans athlete’s lawyer avoids questions about West Virginia AG’s comments about sexual harassment allegations

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American Civil Liberties Union attorney Joshua Block walked away from questions regarding a recent statement by West Virginia Attorney General John McCuskey addressing allegations of harassment against Block’s client, a transgender athlete from West Virginia. 

McCuskey, who is leading his state’s legal defense against the trans athlete after the athlete sued to block the state’s law to keep biological males out of girls’ sports, addressed the allegations at a news conference Monday. 

“Any time you think of a child being harassed, it gives you pause as a parent. And it isn’t really part of our case, but harassment of any child of any kind in this country is inappropriate. And it’s wrong, and we all need to stand up to ensure that children aren’t being harassed in any of their venues, particularly athletics,” McCuskey said. 

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Fox News Digital attempted to question Block about McCuskey’s statement after oral arguments for the case in the Supreme Court Tuesday, but Block walked away from the first wave of questioning to take a picture with his team and client.

After the photo op, Fox News Digital again pursued Block to inquire about McCuskey’s statement, but Block again walked away from the questions with assistants surrounding him. 

The allegations were leveled against the trans athlete by Bridgeport High School student Adaleia Cross, who was a track and field teammate of the trans athlete when the two were at Bridgeport Middle School.

Cross’ mother, Abby, told Fox News Digital what the trans athlete allegedly said to her daughter when they shared the girls’ locker room during the 2022-23 school year. Adaleia was in eighth grade, and the trans athlete was in seventh. Abby Cross alleges the trans athlete made graphic and vulgar sexual threats to her daughter and other girls on the team.

The trans athlete’s legal representatives at the American Civil Liberties Union denied the allegations. 

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“Our client and her mother deny these allegations, and the school district investigated the allegations reported to the school by A.C. and found them to be unsubstantiated. We remain committed to defending the rights of all students under Title IX, including the right to a safe and inclusive learning environment free from harassment and discrimination,” an ACLU statement provided to Fox News Digital said.

The Cross family’s attorneys at Alliance Defending Freedom (ADF) responded to the ACLU’s statement.

“Our client has sworn under oath and under penalty of perjury in numerous cases about the events that took place between her and the male athlete. As a result of the situation, [Cross] had to step away from the sport she loved entirely and sacrifice a key element of her school experience to protect herself,” an ADF statement provided to Fox News Digital said.

The trans athlete personally denied the allegations to The New York Times in a story published Monday.

“I was not raised like that,” the athlete said.

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TOP DEMS SILENT AFTER TRANS ATHLETE THEY BACKED IN SCOTUS CASE IS ACCUSED OF SEXUAL HARASSMENT, INTIMIDATION

The outlet obtained a letter from the Harrison County School District, stating an investigation determined Cross’ allegations “could not be substantiated.” 

The Cross family said when they reported the alleged harassment to the school, nothing was done to reprimand the trans athlete to their knowledge.

“They told me they would do a full investigation into what I told them,” Adaleia said. “And then, all of a sudden, it was like nothing else was happening. It was done, and it seemed like they thought nothing of it because they didn’t talk to us about it at all. They just left it there and didn’t tell us anything else. So, it just made it seem like, ‘Yup it’s done.’”

Her father, Holden Cross, said, “We received no response from the school after filing the report.”

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Fox News Digital made repeated requests to the ACLU and the Harrison County School District, which oversees Bridgeport Middle School and Bridgeport High School, seeking documentation related to the school’s investigation and clarification on whether an investigation occurred and, if so, why only the Cross family was not notified of the results. Those requests have not been met.

Meanwhile, former Lincoln Middle School girls track and field runner Emmy Salerno alleges the trans athlete used “intimidation tactics” against her after Salerno refused to compete against the trans athlete during an event in the 2024 spring season.

Salerno’s protest came on April 18, 2024, when she and the trans athlete were in eighth grade. Salerno, along with four other girls, refused to compete in the girls shot put competition that day at a local meet. Salerno claims her team was disqualified from the following meet and then began to face intimidating stares from the trans athlete at public events.

“After we stepped out, it was an immediate personality change. He didn’t want to talk to me. He just wanted to stare at me and just stare down,” Salerno told Fox News Digital. 

Salerno has also provided Fox News Digital a screenshot of a Snapchat post, which appeared to be sent by the trans athlete, showing a photo of Salerno with a caption that says, “Reminder that she has more testosterone than me.”

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Salerno said there was an incident in which the trans athlete followed her while they were at a local basketball game, making intimidating stares, and Salerno was concerned the trans athlete would try to “fight” her.

“At the basketball game when he just followed me everywhere, I kind of felt like, ‘Is he gonna try to fight me?’” Salerno said. “‘Is he going to try and sneak up behind me and punch me?’” 

Salerno and her father say they believe the stares, following patterns and social media posts were “intimidation tactics,” and there have been “lingering discomforts” stemming from the situation.

TRANS ATHLETE’S ATTORNEY SUGGESTS SEX SHOULD NOT BE DEFINED DURING SCOTUS TITLE IX CASE

Protesters gather outside the Supreme Court as it hears arguments over state laws barring transgender girls and women from playing on school athletic teams Tuesday, Jan. 13, 2026, in Washington. (Jose Luis Magana/AP)

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“I’ve always tried to avoid him everywhere I went,” Salerno added.

The ACLU has not responded to Fox News Digital’s request for a response to Salerno’s allegations. 

Salerno said she avoided competing against the trans athlete the following season, but rather than making a public protest, she told her coach not to include her in the lineup for the meets against the trans athlete to avoid a penalty to the team.

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Salerno claims she has also heard other girls in the community speak about the sexual harassment allegations made by Cross against the trans athlete. Salerno said she has never been in a locker room or bathroom with the trans athlete. 

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“Around track season, it gets more talked about,” Salerno said of the sexual harassment allegations. “I heard through my school, people were talking about it.” 

Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.



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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.

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The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”

“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.

Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.

The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)

“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”

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Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.

They come in 12-ounce cans, similar in appearance to a soda can.

The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)

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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”

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“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”

Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”

Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)

“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.

It is unclear if any parents or students were disciplined in relation to the mix-up.

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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.

The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary” while defending the human smuggling case as legally justified.

Abrego Garcia, 31, has become a flash point in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.” 

The Supreme Court later ruled that the administration had to work to bring him back to the U.S.

After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee.

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He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.

Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)

A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE). 

Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly. 

The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations.

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Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning.

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A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )

First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence.

“I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.”

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McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.”

“It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said.

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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)

During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”

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He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment.

When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.”

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Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)

McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador, and he did not want the indictment to go public before all senior officials were briefed on the matter.

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“I knew from the get-go that this was going to be a controversial matter,” McGuire said.

U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary.

Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.”

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Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.

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Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.

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GOP Rep Nancy Mace introduces ‘Death Penalty for Child Rapists Act’

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GOP Rep Nancy Mace introduces ‘Death Penalty for Child Rapists Act’

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Rep. Nancy Mace, R-S.C., has introduced a bill to authorize the death penalty as a potential punishment for the sexual abuse of children.

“We have zero mercy for child rapists. Those who prey on our most vulnerable deserve the harshest consequence we can deliver,” Mace said in a statement.

The proposal is aptly called the “Death Penalty for Child Rapists Act.”

Rep. Nancy Mace, R-S.C., announces she will run for South Carolina governor during a press conference at the Citadel in Charleston, South Carolina, on Aug. 4, 2025. (Tracy Glantz/The State/Tribune News Service via Getty Images)

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“No predator should be allowed to walk away from the most unthinkable crimes against children,” Mace noted. 

“This bill is simple. Rape a child and you don’t get a second chance, you get the death penalty. We will never apologize for protecting America’s children,” Mace added.

The bill would put capital punishment on the table as an option to punish those who sexually abuse children.

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Rep. Nancy Mace, R-S.C., attends the inauguration of President-elect Donald Trump in the Rotunda of the U.S. Capitol on Jan. 20, 2025, in Washington, D.C.  (Kevin Dietsch/Getty Images)

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“INTRODUCING: The Death Penalty for Child Rapists Act to amend Title 18 to authorize the death penalty for aggravated sexual abuse, sexual abuse of a minor and abusive sexual contact offenses against children. It will also amend the Uniform Code of Military Justice (UCMJ) to authorize the death penalty for the rape of a child,” she said in a post on X.

“We’ve spent months fighting to expose Jeffrey Epstein’s network of powerful predators. We’ve demanded accountability and pushed for transparency. Now we’re making sure anyone who rapes a child faces the ultimate consequence,” she noted.

Mace has served in the U.S. House of Representatives since early 2021. 

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She is one of the candidates currently running in the South Carolina Republican gubernatorial primary.

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