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The DSA’s dangerous fine print. They're coming for millionaires (and you)

"Tax the billionaires." You think this is what you hear from Democratic Social Candidates, but it might be time you start reading their websites and examining their policies.

While these are easy campaign slogans, there is a far more dangerous tax villain lurking in the alleyways. It’s called taxing middle America and the legacy they want to leave their kids when they don’t even know it.

Some of the tax proposals being advanced by democratic socialists don't stop with Elon Musk and Jeff Bezos. They start with the average family living on Main Street America.

LET SOCIALISTS ROB FROM THE RICH 100% AND YOU STILL WON’T BE ABLE TO PAY THE BILLS

Policies start hitting at $1 million.

Michigan Senate candidate Abdul El-Sayed's tax platform is a fascinating example.

He supports taxing capital gains above $1 million as ordinary income.

He wants to eliminate stepped-up basis. This means your kids pay taxes on that appreciated Nvidia or Apple you own, your real estate that has gone up in value, and even those baseball cards you’ve been storing the attic.

PROGRESSIVES WANT TO TAX BILLIONAIRES FIRST, AND YOU'RE NEXT ON THE LIST

He supports taxing inheritances greater than $1 million as ordinary income. Did you realize that life insurance you own is INCLUDED in your estate? So even if you aren’t considered wealthy, those life insurance proceeds may be income tax free, but they won’t escape estate taxes under Sayed’s policies unless you put more thought into your plan.

He wants higher marginal income-tax rates above $1 million.

EL-SAYED ADMITS FREE HEALTHCARE MEANS PAYING 'A LITTLE BIT MORE IN TAXES' REGARDLESS OF INCOME

He supports a progressive tax on wealth held in trusts.

Then there's a separate wealth tax on billionaires. Duh? Wait until you see what happens on the ballot in California when my prediction is that the billionaires tax passes.

And he wants to eliminate the Social Security payroll-tax cap.

That's quite a list.

Here's what Americans need to understand. Income and wealth aren't the same thing.

Someone who earns $1 million every year is doing extremely well.

THE CURE FOR SOCIALISM IS GIVING MORE AMERICANS A STAKE IN CAPITALISM

But, someone who realizes a $1 million capital gain after building a business for 30 years is an entirely different financial situation. You are talking about the owner that’s spent a lifetime running the local convenience store, the bridal shop in your town, and even the people who own a franchise in every strip mall in America.

Imagine your local plumber, electrician, or HVAC owner.

They start with one truck.

Thirty years later they have 10 trucks, 20 employees and finally sell the company.

That business may represent most or all of their retirement savings.

Under El-Sayed's proposal, capital gains above $1 million would be taxed at ordinary-income rates rather than today's preferential long-term capital-gains rates.

That's not taxing some imaginary billionaire sitting on a yacht.

That's taxing the American Dream when somebody finally cashes it in.

Now suppose our plumber dies and leaves assets to his children.

El-Sayed proposes eliminating stepped-up basis and taxing inheritances above $1 million as ordinary income.

For perspective, the federal estate-tax exclusion in 2026 is $15 million per individual.

That's an enormous difference in where tax policy begins touching accumulated family wealth.

And $1 million isn't what it used to be.

A house, retirement accounts and a small business can push a family across that line without anyone remotely resembling a billionaire. This doesn’t even include the life insurance I mentioned.

Social Security currently taxes employee wages at 6.2%, matched by another 6.2% from employers, up to $184,500 in 2026.

El-Sayed wants to eliminate that ceiling. Take somebody earning $1 million.

At today's rates, removing the cap entirely would produce roughly another $50,000 of employee Social Security tax and another $50,000 from the employer, before considering how future benefits would be treated.

Call that whatever you want.

It's a major tax increase on labor and a backhanded tax on corporate America.

Then there's wealth held in trusts.

Trusts aren't exclusively toys for billionaires.

Families use trusts for estate planning, business succession, children, grandchildren and asset management.

El-Sayed specifically proposes a progressive tax on wealth held by trusts.

Think about the philosophy underneath all these proposals.

Earn substantial money? Tax more of it.

Sell the asset you built? Potentially tax more of the gain.

Pass wealth to your children? Tax the inheritance and eliminate stepped-up basis.

Put assets in a trust? Tax the wealth there.

Earn above the Social Security ceiling? Remove the ceiling.

Become a billionaire? Add another wealth tax.

Supporters argue these policies would make wealthy Americans contribute more while El-Sayed's proposed federal tax exemption on the first $50,000 of income would help working households. We know half the country doesn’t pay federal tax anyway.

That's an important part of his proposal.

But Americans should also understand the other side of the equation.

Taxes change incentives.

They affect investing. Why should I take risk with no reward?

They affect business sales. Why sell my business when I will lose half of what I get?

They affect succession planning. Why work a lifetime to set your family up when the Government takes it away?

They ultimately affect how much entrepreneurs ultimately keep after taking enormous risks.

And they affect whether accumulated family wealth survives from one generation to the next.

The Democratic Socialists of America's national program explicitly calls for "aggressive wealth taxes" on wealthy individuals and corporations.

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El-Sayed's proposals are just one example that show what that philosophy can look like when somebody starts putting actual policies on paper. Problem is most people will hear the headlines and won ’ t read the fine print.

And that's why the most important number in his tax plan is NOT $1 billion. IT IS $1 million.

Because once the conversation moves from taxing billionaires to taxing million-dollar gains, million-dollar inheritances, high incomes, we're no longer talking exclusively about America's 800 or so billionaires.

We're talking about the fundamental question of crushing the American Dream of capitalism where we’ve always been encouraged to build, keep and pass to the next generation.

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Presley Gerber’s death sparks questions about overdose, withdrawal and rehab safety

Presley Gerber’s death at age 27 has renewed questions about overdose risk, withdrawal complications and the challenges of addiction recovery.

The son of model Cindy Crawford and businessman Rande Gerber died Sunday at a California rehabilitation facility, according to Los Angeles County Medical Examiner’s Office records.

Presley's death was confirmed by his mother’s representative to Fox News Digital, who shared a statement from the family: "The family is asking for privacy during this very difficult and painful time."

CINDY CRAWFORD’S SON PRESLEY GERBER SAID HE WAS ‘TERRIFIED’ IN RAW ADDICTION POST MONTHS BEFORE DEATH AT 27

While an official cause of death has not yet been confirmed, audio recordings obtained by People suggest that police received a 911 call Sunday morning reporting a cardiac arrest at a facility in the 1000 block of Berkeley Street. A separate dispatch identified the response as a potential overdose.

The Los Angeles County Medical Examiner’s Office later confirmed that an autopsy had been completed, but the cause of death remained undetermined pending further testing.

Gerber had spoken publicly over the years about his struggles with substance use and mental health.

Nicholas Kardaris, Ph.D., CEO and chief clinical officer of the New York Center for Living in Manhattan and a clinical professor at Stony Brook Medicine’s School of Social Welfare, spoke with Fox News Digital about what families should know about relapse, overdose risk and seeking help for a loved one.

As Gerber’s official cause of death has not yet been released, Kardaris — who has not treated Presley Gerber and is not connected to the case — cautioned against drawing conclusions from the fact that he died at a rehabilitation facility.

Possible explanations could include an acute medical or cardiac event, an undiagnosed condition or a medication-related complication, he said.

ARRESTS IN MATTHEW PERRY'S DEATH PUT SPOTLIGHT ON KETAMINE DANGERS

People in residential treatment facilities may have complex medical histories, and some conditions may not be immediately apparent when someone enters a program.

"Younger people can sometimes die suddenly, and we don’t know whether they had an underlying medical issue," Kardaris said.

"It’s not impossible to have a medication-related event, particularly if someone has an underlying heart disorder," he continued. "Certain medications can trigger a cardiac episode."

Entering treatment does not necessarily mean that a person’s issues have been resolved or that no danger exists, Kardaris emphasized.

"People are in rehab because they’re struggling with addiction. It doesn’t mean they’re cured of their addiction," he said.

While treatment facilities work to create a controlled environment, they cannot eliminate every risk associated with addiction, withdrawal, relapse or medical complications, according to Kardaris.

"Facilities take great pains to make sure substances don’t come in, but it’s not a perfect system."

He stressed that this is a general observation about treatment settings and not an indication of what occurred in Gerber’s case.

Another potential risk during rehab is withdrawal itself, which can range from uncomfortable to life-threatening depending on the substance involved and the person’s level of physical dependence, according to Kardaris.

"People can die from withdrawal, but the substances that are most dangerous to withdraw [from] without proper medical supervision are benzodiazepines, such as Valium or Xanax, and alcohol," he told Fox News Digital.

While opioid withdrawal can be extremely uncomfortable, it is generally not fatal by itself, the expert said.

Benzodiazepine withdrawal can trigger seizures, delirium and other life-threatening complications. The FDA warns that abruptly stopping or reducing drugs such as Xanax or Valium too quickly can cause serious withdrawal reactions, including seizures.

"Someone might disclose heroin use but not mention that they’re also withdrawing from a benzodiazepine, such as Valium," Kardaris noted. "If they don’t receive medication to treat that withdrawal, they can have a seizure that can lead to fatal complications."

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One of the most dangerous periods for someone with opioid use disorder may come after detox because a person’s tolerance may have decreased — increasing the risk of overdose if they return to a previously used amount, he added.

"If someone relapses after rehab, they may use the same amount they were using before treatment — but their tolerance has gone down, and that amount can now be fatal."

Gerber had previously posted on social media about undergoing an ibogaine treatment in Mexico. Kardaris cautioned that ibogaine is not FDA-approved for any medical use in the U.S. 

Although it has been studied experimentally as a possible treatment for opioid use disorder, its safety and effectiveness remain uncertain. Kardaris grouped ibogaine with other psychedelic or psychoactive substances that have drawn public interest.

"Ketamine, ayahuasca and ibogaine are psychoactive or psychedelic treatments that have become increasingly popular," he said. "There is some research indicating potential benefits, but they remain largely unregulated."

Ketamine is FDA-approved as an anesthetic but is not approved to treat psychiatric disorders, although some clinicians use it off-label in mental health settings.

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Ibogaine and ayahuasca are not FDA-approved treatments in the U.S., and the evidence and regulatory oversight vary considerably among these substances.

Overall, Kardaris described the field as unsettled. "It’s a bit of the Wild West right now."

He emphasized, however, that Gerber’s prior ibogaine treatment does not establish which substances he may have used and should not be interpreted as evidence of what caused his death.

Families should investigate a treatment center and make sure it is licensed before enrolling a loved one, Kardaris advised.

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That includes confirming that qualified medical professionals are involved in patient care and that the facility has appropriate protocols for withdrawal, medication management and emergencies.

"Families should make sure licensed professionals are working there and that the program has a strong reputation," he said.

"There are bad actors in every profession — so families should look for a well-regarded treatment program with qualified people who know what they’re doing."



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World leaders descend on New York for UNGA — but who really has America’s ear?

UNITED NATIONS, NEW YORK — More than 100 presidents and prime ministers will descend on New York this week for one of the busiest gatherings on the diplomatic calendar, arriving at a United Nations confronting wars in the Middle East and Ukraine, economic pressure from disrupted energy markets and fresh questions about the institution’s ability to respond to an increasingly fractured world.

The U.N. expects 73 heads of state and 45 heads of government, alongside 49 ministers, 11 vice presidents and one crown prince, U.N. spokesperson Stéphane Dujarric told reporters Friday. Member states have already submitted roughly 1,000 requests for bilateral meetings, while 168 events are scheduled during high-level week, according to Dujarric.

Asked Friday to characterize the atmosphere inside U.N. headquarters as the delegations prepare to arrive, Dujarric described it simply as "high stress."

INDIA'S MODI-IRAN MEETING COMES AMID US WARNINGS OF SANCTIONS ON TEHRAN'S TRADING PARTNERS

The General Debate of the 81st U.N. General Assembly begins Tuesday, Sept. 22, under the theme, "Restoring trust, managing transformation: A United Nations that delivers for all."

But beneath the speeches, motorcades and closed-door meetings across Manhattan is another competition: nearly every government represented in New York will be trying, in one way or another, to capture the attention of the United States.

"This is their moment to grab a piece of American mindshare for sure," Frank Ahrens, head of BGR Analytics, told Fox News Digital.

A new analysis released ahead of UNGA attempts to measure which countries already have it.

The 2026 BGR Impact Index, produced by BGR Analytics, the data practice of Washington-based BGR Group, ranks 197 countries and economies according to their overall footprint in the United States, combining economic, cultural, diplomatic, institutional and geopolitical measures. Japan holds the top position for a third consecutive year, followed by Germany, Canada, the United Kingdom and South Korea.

That competition is especially consequential this year.

TRUMP THREATENS 'MAJOR MILITARY PUNISHMENT' FOR IRAN OVER FUTURE HOUTHI ATTACKS

President Donald Trump will return to the General Assembly on Tuesday with the US-Iran war entering its seventh month, while fighting involving the Iran-backed Houthis has placed new pressure on shipping through the Red Sea and raised fresh concerns among Gulf states about regional security. Reuters reported Sept. 18 that European and Asian allies have largely resisted U.S. calls to become more directly involved in the Iran conflict and that the prolonged war has strained Washington’s relationships with some partners.

The stakes extend well beyond Iran. The General Assembly agenda is expected to be dominated also by Russia’s war against Ukraine, Israeli-Palestinian tensions, Sudan, climate change and artificial intelligence. Iranian President Masoud Pezeshkian, Ukrainian President Volodymyr Zelenskyy, Israeli Prime Minister Benjamin Netanyahu and Russian Foreign Minister Sergei Lavrov are among the prominent leaders or representatives expected to speak.

That combination of military power, diplomatic access and public perception gets at the central question behind BGR’s index: what does influence actually mean?

BGR compiled more than 100 indicators, ranging from GDP, population and foreign investment to international students, cultural presence and lobbying activity in Washington.

But one of the most consequential variables in this year’s analysis came from a much newer arena: social media.

"We looked at 4.9 trillion pieces of data across an entire year because we know that a social media campaign can really move a country's perception in the U.S.," Ahrens said. "And that was really the big takeaway from this year's index."

Social-media sentiment accounts for 20% of the index, second only to cultural imprint at 24%. Institutional ties and outward orientation each make up 16%, geopolitical nexus accounts for 10%, economic size 8% and lobbying and Washington influence 6%. BGR says its underlying data comes from publicly available sources, primarily the U.N., U.S. government agencies and established research institutions, while its social-media data is supplied by Meltwater.

For smaller countries, the analysis suggests reputation can produce particularly large swings.

Bahrain was the biggest riser, climbing 22 places, from No. 97 in 2024 to No. 75 in 2026. BGR attributed much of that increase to improved U.S.-facing online sentiment and increased visibility tied to Bahrain’s election to a rotating U.N. Security Council seat, its Arabian Gulf Cup victory and a USS Nimitz port call.

TRUMP ADMINISTRATION TOUTS MORE THAN $1B IN UN BUDGET CUTS AS REFORM PUSH GAINS MOMENTUM

Georgia moved in the opposite direction, falling 31 positions, from No. 73 to No. 104. BGR said its deteriorating U.S.-facing online sentiment coincided with political unrest and arrests of journalists and opposition leaders.

Ahrens acknowledged that generating attention is not the same as wielding political influence. "Countries that make a lot of noise about themselves do get on the radar, but to stay on the radar, you have to have real accomplishments."

The index attempts to address that distinction by combining sentiment with harder measures such as economic links, institutional rankings, lobbying expenditure and participation in international organizations.

Perhaps BGR’s most unusual example of how national perception can change did not come from a president, diplomat or lobbying operation.

It came from a German soccer fan.

BGR calls it the "Freddy Effect," after a German World Cup visitor whose enthusiastic posts about traveling through the United States went viral this summer.

Ahrens said BGR found that positive sentiment toward Germany increased 13% over roughly three weeks during Freddy’s rise online. BGR links a substantial part of that increase to the reaction generated by his posts, although the data does not independently establish that he alone caused the change.

"Can you recreate a Freddy? I don't know if you can reverse engineer him to that effect," Ahrens said. "But what it shows you is how authentic communication really breaks through on social media."

It is a lesson that may resonate with delegations arriving in New York this week, where hundreds of leaders will have only a few days to secure meetings, shape headlines and make their country’s case.



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‘Fur Lives Matter’ case turns heads as DOJ’s ‘Fraud Week’ targets taxpayer swindlers

A nationwide business-aid fraud crackdown — highlighted by a bizarre Missouri scheme involving alleged stolen corporate identity — is among the enforcement actions being highlighted during the federal push dubbed "Fraud Week."

The announcement is part of the Department of Justice's National Fraud Enforcement Division's nationwide summer surge. It netted more than 160 criminal defendants and approximately $245 million in intended losses to taxpayers, according to DOJ, as the agency announced busts from Los Angeles to Philadelphia.

"This is the problem of our day," said U.S. Attorney Matt Price of the Western District of Missouri, whose office was one of 44 involved in the greater "Heartland Fraud Surge" that encompassed June through Sept. 1. "And this is a response to what happened over the previous four years,"

WHITE HOUSE PUSHES 'WATERSHED' FRAUD-FIGHTING REFORM IN CONGRESS AS VANCE CONVENES TASK FORCE

"After 9/11, there was a huge lean-in, [an] all-of-government approach to national security issues," Price said, comparing the Bush-era interagency pivot to terror threats with the coordinated response to the current push against fraud in taxpayer-funded programs.

Price headlined the extensive Small Business Administration (SBA) and COVID-19-related fraud probes under division chief Colin McDonald.

In the "Fur Lives Matter" case, a Missouri man allegedly claimed to operate 19 separate businesses, including some focused on pet care like "Fur Lives Matter," "Fur Lives Matter LLC," "Chows & Pals" and "God’s Chow Chow."

MINNESOTA FRAUD MASTERMIND GETS NEARLY 42 YEARS IN PRISON IN MASSIVE $250M 'FEEDING OUR FUTURE' SCHEME

There was one glaring problem: "Fur Lives Matter" was a real company in another state — and prosecutors say it had no connection to Gray.

Using "Fur Lives Matter" and the other purported companies, Jamie Gray allegedly sought to fraudulently obtain nearly $56 million in Paycheck Protection (PPP) and Economic Injury Disaster (EIDL) funds from the Small Business Administration through 29 applications.

BRAZEN SOCIAL MEDIA FRAUD SCHEMES WREAK HAVOC AS TRUMP OFFICIAL ISSUES STARK WARNING FOR 'FRAUDFLUENCERS'

Most cases involved entirely fictitious businesses, and only "Fur Lives Matter" was operational at the Feb. 15, 2020, eligibility cutoff.

"Gray effectively stole this company’s identity," the DOJ said in a statement, alleging the legitimate business had no knowledge of him and that his claims about ownership, employees, revenue and operations were fabricated. Gray nevertheless received about $820,000 in SBA funds, prosecutors said.

The case stood out even among a summer surge of alleged fraud schemes for its unusual details.

JUDGE SENTENCES FEEDING OUR FUTURE FRAUDSTERS WHO FAKED RUNNING CHILD NUTRITION SITE

"If you screwed the American taxpayer, the federal government is now going to say you're cut off, no more," Vice President JD Vance said this week on the matter of the larger administration crackdown. "You shouldn't be applying anymore, and if you do apply, you're no longer able to get those benefits."

VANCE-LED TASK FORCE CUTS OFF $1.4B FROM HOME HEALTH, HOSPICE PROVIDERS SUSPECTED OF FRAUD

Price said the effort is expanding beyond Operation No Doze, the SBA-focused enforcement action conducted as part of the broader Heartland Fraud Surge.

His office and Missouri Gov. Mike Kehoe, along with other state officials, have also launched Operation Show-Me the Money, a new state-federal effort targeting fraud in state benefit programs.

REPUBLICANS DECLARE WAR ON 'ORGANIZED THEFT' WITH GOVERNMENT FRAUD CRACKDOWN

"No fraud is too small to prosecute, but leveraging all state resources in the state of Missouri from the top down [is believed to be] a first-of-its-kind collaboration between the state and the feds, working to identify and prosecute this type of fraud," he said Saturday.

Price also credited SBA Administrator Kelly Loeffler with "leading from the front" as the agency is suspending suspected fraudulent borrowers and sending demand letters seeking repayment.

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He said the Heartland Surge depicts a new approach to countering fraud, characterizing the Biden administration’s attempts to recoup lost dollars as a "pay and chase" model.

Attorney General Todd Blanche has instructed prosecutors to charge fraud cases of all sizes, in that the smaller cases sends the message to bigger scofflaws that, no matter the amount of money involved, "if you ripped off the American taxpayer… we will find you, we will identify you, we will hunt you down, we'll prosecute you," said Price.



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Clancy holdout juror taps former Trump lawyer to fight back as he’s ‘dragged through the mud’: attorney

The lone juror whose holdout forced a mistrial in the Lindsay Clancy case has retained a lawyer who once represented President Donald Trump, the attorney said. One legal scholar following the case said the move signals the juror is ready to "stand up for himself."

Clancy, 36, faced three counts of first-degree murder in connection with the slayings of her children — 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan — who were discovered strangled at the family's home in January 2023. Judge William Sullivan declared a mistrial on Sept. 4 after jurors could not agree on a unanimous verdict, with the panel split 11-1.

Attorney Edward Paltzik told Fox News Digital Friday that he is representing the holdout juror, Michael P. Desronvil.

LINDSAY CLANCY HOLDOUT PRAISED AS 'AMERICAN HERO' BY LAWYER WHO SAYS HE REPRESENTS HIM

Desronvil, the lone dissenter from the jury, has come forward and said he didn't sway away from his belief that prosecutors proved Clancy was criminally responsible in killing her three children in January 2023 in a statement first reported by NewsNation that was confirmed by Paltzik to Fox News Digital.

"I didn't have any doubts. As I tried to explain different possible theories during deliberation, I kept getting cut off as if I had doubts based on the evidence present," Desronvil said. "Based on all the physical evidence, key witnesses and what the prosecution presents, I thought it was enough proof that she knew exactly what she was doing and planned."

Most notably, Paltzik represented Trump in his lawsuit against the New York Times, which he said falsely cast his business success as fraudulent ahead of the 2024 presidential election. The lawsuit was dismissed in 2025, but has since been refiled.

Paltzik was also involved in Trump's lawsuit against CBS after "60 Minutes" was accused of selectively editing an interview with then-Vice President Kamala Harris. In July 2025, Paramount Global agreed to pay $16 million, which the company said would go toward Trump's future presidential library.

Paltzik said at the time that the CBS interview generated confusion and "mental anguish" among viewers, misled voters and diminished attention to Trump and his online platform, Truth Social.

He also represented Trump during his lawsuit against ABC News, which settled for $15 million, with the funds going towards his future presidential library.

LINDSAY CLANCY HOLDOUT JUROR ‘LOOKED AT THE CASE AND HE MADE THE CALL,’ HIS BROTHER SAYS

In another high-profile case, Paltzik is representing three friends of Nolan Wells. Wells, 18, went missing July 4 after a boat trip with friends to Horn Island, a barrier island off Mississippi's Gulf Coast. Crews searched the area for two days before a National Parks Service ranger found his remains on the island's northwestern tip on July 6.

Paltzik began representing the friends of Wells in August after several social media influencers made false allegations about them.

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"We are proud to stand with and fight for three completely innocent young men: Warren Hudson, Jax Pitalo, and Morgan Seymour. Starting today, those who wish to continue trafficking in lies about these Good Ocean Springs People will be held accountable to the maximum extent of the law. We, on the other hand, will be focused solely on the truth, which is that these innocent young men had nothing whatsoever to do with the tragic death of Nolan Wells," Paltzik said alongside Tyler Cox, a Mississippi-based attorney, in a statement to Fox News Digital.

Paltzik said Desronvil won't be doing any other media interviews at this time, calling him an "American hero" and "Champion of justice."

LINDSAY CLANCY ATTORNEY KEVIN REDDINGTON SIGNALS HE'S OPEN TO A DEAL, HOPES DA WILL 'REVISIT' CASE

"Again, we are focused entirely on his health, safety, and well-being. There will be a time for accountability and a time for the real story of the Lindsay Clancy Trial to be told. But not right now," Paltzik said on X. "This American Hero and Champion of Justice thanks all of you who have stood by him for your kindness, prayers, and support," he added.

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The statement was made as Plymouth County prosecutors weigh whether to retry Clancy, while her attorneys have also raised the prospect of resolving the case without a second jury trial.

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Mark Astor, a former prosecutor and behavioral health law expert, told Fox News Digital it's clear that Desronvil has retained counsel to "stand up for himself."

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"I think there's certainly some indication that his name and reputation is now being dragged through the mud," Astor said. "The other issue obviously is he's basically been attacked not just by potentially the other jurors, but by Mr. Reddington on the foot of the courthouse, since we had that mistrial declared by the judge. So I mean, I think he feels like he needs to, you know, at least stand up for himself."

Astor said the exposure from the Clancy jury threatens a system that depends on people being willing to serve.

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"I think it's a terrible thing that we're having to see this," Astor said. "The whole idea of the jury is sort of this sacred arena where jurors get to decide a verdict in a case. And now we're taking what is really a sacred arena and we're exposing it to the public."

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Clancy is due back in court on Sept. 29 for a status hearing, at which more information about the future of her case may be revealed.

The Associated Press contributed to this report.



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Kirk family has powerful evidence — but Utah law could derail wrongful death case: experts

A Utah government immunity law could upend the Kirk family’s efforts to bring a wrongful death lawsuit against Utah Valley University over alleged security failures surrounding Charlie Kirk’s assassination.

Attorneys for Kirk’s family filed a notice of intent to sue on Sept. 9, one day before the anniversary of his death. The filing alleges a series of security failures by the university, including declining additional police officers, failing to adequately address concerns from Kirk's security team and not having an adequate security plan in place for his visit.

But legal experts say the Kirks face an uphill legal battle because Utah law grants government entities — including their officers and employees — broad immunity from lawsuits arising from a lengthy list of circumstances, including the performance or failure to perform discretionary functions and claims involving assault, battery, false imprisonment, malicious prosecution and civil rights violations.

"Unfortunately, Charlie Kirk's family is going to have a very difficult time prevailing in a wrongful death case in Utah," Tenielle Brown, a University of Utah law professor, told Fox News Digital. "And that's because Utah's government immunity statute is phrased in such a way that says even if the state and UVU were reckless, they retain immunity in cases that arise out of a battery, and that would include gunshot wounds."

JUDGE IN ACCUSED ASSASSIN TYLER ROBINSON'S CASE EXPLAINS WHY DEATH PENALTY REMAINS ON TABLE IN WRITTEN ORDER

Kirk, 31, co-founded Turning Point USA in 2012 and grew the conservative youth organization into a major force on high school and college campuses nationwide. He was shot and killed while speaking at Utah Valley University in Orem on Sept. 10, 2025.

Neama Rahmani, president of West Coast Trial Lawyers, told Fox News Digital that wrongful death claims against the government are already difficult for plaintiffs to win because government entities generally enjoy broad immunity from lawsuits stemming from assaults or batteries committed by third parties.

"I've handled lack of security cases, including lack of security cases against the government," Rahmani told Fox News Digital. "They are tough because you are trying to hold the police or city, county or state responsible for someone else's criminal actions."

But Rahmani suggested the Kirk family's strongest evidence could be a message from UVU Police Chief Jeffrey Long acknowledging concerns about rooftop access to the Sorenson Center, a building located "pretty close" to where Kirk was scheduled to speak. The Sorenson Center sits directly west of the Losee Center, where prosecutors say Tyler Robinson fired the shot that killed Kirk. In response to the security concerns, Long messaged Kirk's team, "I got you covered."

TYLER ROBINSON HEARING ENDS WITHOUT RULING AS EVIDENCE DISMANTLES CHARLIE KIRK CONSPIRACY CLAIMS

"That means they're gonna argue that they assume the responsibility to make sure Charlie Kirk was safe, and they failed to do so," Rahmani said of the Kirk family. "In cases where you have the government taking on a duty, that tends to be better than simply arguing that the government has a duty to protect everyone because we know that murders happen all the time, and you can't sue the government just because someone is killed."

But Brown said Utah law can shield government officials from lawsuits even when they fail to perform their job functions.

"There have been a number of cases where the plaintiffs and the family of the victims have sued for either wrongful death or battery," Brown told Fox News Digital. "And in some cases, the government did behave recklessly, and they could show carelessness and recklessness and the plaintiffs were not able to prevail because it arose out of a battery. And that's unusual. Most states don't have that broad of a statute."

Brown pointed to the case of Mika Scott, a 19-year-old Utah Valley University student who sued Utah County and the Utah County Sheriff's Office after Shawn Leonard, a prisoner with a violent criminal record who had escaped from a work-release program, raped her in 2010.

"They were supposed to screen inmates to make sure that they weren't violent," Brown told Fox News Digital. "And then when they went out in the community on the job sites, they were supposed to make sure that they were policing the boundaries so that these inmates couldn't escape and in a really terrible situation."

"And she could have shown carelessness and maybe even recklessness, but because of the government immunity statute and because this claim arose out of a battery, she was not able to prevail against the state," Brown continued.

CHARLIE KIRK SUPPORTERS RETURN TO SITE OF ASSASSINATION 1 YEAR LATER: ‘WE ARE STILL STANDING’

The Utah Supreme Court addressed the statute's language in its 2005 decision in Wagner v. Utah, which held that civil battery does not require an intent to cause physical or psychological injury.

"The court said, it may not be prudent for the state to continue to retain immunity here," Brown told Fox News Digital. " And they're kind of signaling to the legislature that the legislature should probably change the statute to allow for suits in cases like Charlie Kirk's."

"But the state has not revised the statute and so it still says very clearly that you can't sue the state if the claim arises out of a battery," Brown continued.

Brown said state workers who are not elected cannot be held accountable at the ballot box for failing to do their jobs.

"The president of UVU, the campus police, those people are not elected, and so if you were to say sovereign immunity is all about letting people decide whether they're state actors or careless at the ballot box, then you vote them out of office," Brown said.

"That doesn't work," Brown continued. "That argument doesn't for the UVU president because nobody can vote them of office, nobody is having any political check on the campus police."

Astrid Tuminez, who served as the school's president at the time of Kirk's assassination, stepped down from her position in May 2026 after eight years. She and Long are named in the filing by Kirk's family.

"We are aware of the notice of claim," a Utah Valley University spokesperson said in a statement to Fox News Digital. "UVU addresses legal matters consistent with our established processes. Our focus remains on supporting our campus community."

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Kirk leaves behind his wife Erika Kirk and their two small children.

Fox News Digital reached out to the Kirk family's lawyers for comment.



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Psychosis evidence changes everything in Clancy judge's other killer mom case: retired judge

Judge William Sullivan, who drew national attention earlier this month after declaring a mistrial in the Lindsay Clancy murder case, also presided over another closely watched child-killing trial that a retired Massachusetts judge says would look dramatically different if retried.

The Massachusetts Supreme Judicial Court last month vacated the murder convictions of Brockton mother Latarsha Sanders, ruling jurors were improperly prevented from seeing psychiatric records central to her insanity defense and ordering a new trial.

"They ordered a new trial which will fundamentally change the way the case is going to be tried," retired Massachusetts Superior Court Judge Jack Lu told Fox News Digital.

LINDSAY CLANCY MISTRIAL DECLARED AFTER JURY DEADLOCKS IN KILLINGS OF HER THREE CHILDREN

Sullivan, who presided over Sanders' 2022 trial and later sentenced her to two concurrent life terms without parole, has returned to the national spotlight following the closely watched Clancy trial, which ended in a mistrial after jurors deadlocked over whether Clancy was criminally responsible for killing her three children. Like Sanders, Clancy admitted killing her children but argued she lacked criminal responsibility because of mental illness.

"There is no doubt the defendant committed these incomprehensible crimes," Justice David Gaziano wrote for the unanimous court in Sanders' case. "The sole issue before a Superior Court jury was whether she lacked criminal responsibility."

LINDSAY CLANCY JUDGE CALLS MISTRIAL, THEN GRANTS DEFENSE ONE HOUR STAY FOR APPEAL

The justices concluded Sanders was entitled to a new trial because jurors never saw medical records documenting diagnoses and treatment of mental illness that were relevant to the only issue disputed at trial: whether she lacked criminal responsibility.

Lu said the ruling does far more than simply order another trial.

"Thousands of pages of mental health records will be admitted ... and the jury's gonna get it all," he said.

Lu cautioned against judging Sullivan's decision with the benefit of hindsight.

"The trial judge did an excellent job ... but now I'm a great Monday morning quarterback just like everybody else," Lu said, explaining that the evidentiary issue was unusually difficult before the SJC clarified the law.

Sanders admitted killing her sons, 8-year-old Edson "Marlon" Brito and 5-year-old La'Son Brito, but argued she was legally insane at the time of the attacks.

Her attorneys contended she was suffering from severe mental illness and psychosis, while prosecutors argued she appreciated the wrongfulness of her actions despite bizarre statements she made before and after the killings.

According to evidence summarized by the Supreme Judicial Court, Sanders had become consumed by conspiracy theories involving the Illuminati and expressed fears about voodoo before the killings.

After the deaths, investigators said she gave police multiple conflicting accounts before eventually telling detectives the stabbings were part of a "ritual" tied to voodoo and the Illuminati.

At trial, Sanders' defense called a clinical neuropsychologist who testified she was "grossly psychotic" at the time of the killings and suffered from a schizophrenia-spectrum disorder.

The expert based that opinion in part on thousands of pages of psychiatric treatment records from prison and a state psychiatric hospital.

Those are the records Lu said a future jury would likely hear if prosecutors pursue another trial.

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The Supreme Judicial Court said that was an error, concluding the excluded records documented repeated observations of paranoia, hallucinations, delusional thinking and schizophrenia-spectrum diagnoses that formed the medical foundation of Sanders' defense.

Read the court's ruling:

"We hold that the exclusion of the MCI-Framingham and WRCH medical records documenting the defendant's post-arrest diagnoses or treatment of mental illness ... impermissibly stripped the sole defense 'of the medical foundation that supported it,'" the court wrote. "The defendant is entitled to a new trial."

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Lu said the opinion should not be interpreted as a determination that Sanders was legally insane or wrongly convicted. Instead, he described it as the resolution of a difficult evidentiary question that changes what evidence jurors would be permitted to consider if the case is retried.

During oral arguments before the Supreme Judicial Court, Sanders' attorney, Robert Shaw, argued the trial judge's exclusion of medical evidence deprived his client of "a meaningful opportunity to present a complete defense," FOX 25 in Boston reported.

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Assistant Plymouth County District Attorney Melissa Johnson countered that Sanders showed no documented psychotic behavior for months after the killings and that the records were properly excluded, the station reported.

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The justices also addressed two issues that would likely shape any future trial.

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First, they said prosecutors could refer to Sanders describing herself as "evil" because the statements were relevant to whether she appreciated the moral wrongfulness of her actions, so long as the argument remained tied to that legal issue rather than serving as a personal attack.

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However, the court found prosecutors improperly suggested Sanders may have borrowed elements of her story from episodes of "Law & Order: SVU," ruling there was no evidence supporting that theory.

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The ruling vacates Sanders' convictions and sends the case back to Plymouth Superior Court for a new trial.

An overturned conviction does not clear Sanders of the charges, Lu said.

"It just means you have to do it all over again," he said.

Fox News Digital has reached out to Sullivan, Sanders' attorney and the Plymouth County District Attorney's Office for comment.



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