2013: A year for big issues in the courts












By Jeffrey Toobin, CNN Senior Legal Analyst


December 27, 2012 -- Updated 1445 GMT (2245 HKT)







Chief Justice John Roberts re-administers the oath of office to Barack Obama at the White House on January 21, 2009.




STORY HIGHLIGHTS


  • Jeffrey Toobin: 2013 will see pivotal decisions in several key areas of law

  • He says Supreme Court could decide fate of same-sex marriage

  • Affirmative action for public college admissions is also on Court's agenda

  • Toobin: Newtown massacre put gun control debate back in the forefront




Editor's note: Jeffrey Toobin is a senior legal analyst for CNN and a staff writer at The New Yorker magazine, where he covers legal affairs. He is the author of "The Oath: The Obama White House and the Supreme Court."


(CNN) -- What will we see in 2013?


One thing for sure: The year will begin with Chief Justice John Roberts and President Obama getting two chances to recite the oath correctly.



Jeffrey Toobin

Jeffrey Toobin



After that, here are my guesses.


1. Same-sex marriage and the Supreme Court. There are two cases, and there are a Rubik's Cube-worth of possibilities for their outcomes. On one extreme, the court could say that the federal government (in the Defense of Marriage Act) and the states can ban or allow same-sex marriage as they prefer. On the other end, the Court could rule that gay people have a constitutional right to marry in any state in the union. (Or somewhere in between.)





CNN Opinion contributors weigh in on what to expect in 2013. What do you think the year holds in store? Let us know @CNNOpinion on Twitter and Facebook/CNNOpinion


2. The future of affirmative action. In a case pending before the Supreme Court, the Court could outlaw all affirmative action in admissions at public universities, with major implications for all racial preferences in all school or non-school settings.


3. Gun control returns to the agenda. The Congress (and probably some states) will wrestle with the question of gun control, an issue that had largely fallen off the national agenda before the massacre in Newtown. Expect many invocations (some accurate, some not) of the Second Amendment.




4. The continued decline of the death penalty. Death sentences and executions continue to decline, and this trend will continue. Fear of mistaken executions (largely caused by DNA exonerations) and the huge cost of the death penalty process will both accelerate the shift.


5. Celebrity sex scandal. There will be one. There will be outrage, shock and amusement. (Celebrity to be identified later.)


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Join us at Facebook/CNNOpinion


The opinions expressed in this commentary are solely those of Jeffrey Toobin.











Part of complete coverage on







December 28, 2012 -- Updated 1356 GMT (2156 HKT)



Aaron Carroll says most of the changes in 2013 will be in preparation for 2014 when the Affordable Care Act really kicks into effect.







December 28, 2012 -- Updated 1351 GMT (2151 HKT)



Don't look for dramatic change in the troubled politics of the Middle East, says Aaron Miller.







December 28, 2012 -- Updated 1337 GMT (2137 HKT)



Sheril Kirshenbaum says natural gas fracking, climate change and renewables are likely to drive discussions of energy in the new year.







December 28, 2012 -- Updated 1354 GMT (2154 HKT)



Former CIA director Michael Hayden says the controversy over the film is one of two Washington debates in which politics obscures the real role of intelligence agencies.







December 28, 2012 -- Updated 1344 GMT (2144 HKT)



Even for someone who has written more than 2,000 columns over the last 20 years, sometimes the words come out wrong, says Ruben Navarrette.








Get the latest opinion and analysis from CNN's columnists and contributors.







December 28, 2012 -- Updated 0307 GMT (1107 HKT)



Kerry Cahill and Keely Vanacker, whose father was shot dead at Fort Hood, say the nation must address problems that lead to massacres.







December 27, 2012 -- Updated 1734 GMT (0134 HKT)



Gayle Tzemach Lemmon says it's vital that the withdrawal of NATO forces by 2014 doesn't endanger the progress Afghan women have made.







December 27, 2012 -- Updated 1445 GMT (2245 HKT)



Jeffrey Toobin says key rulings will likely be made regarding same-sex marriage and affirmative action for public college admissions.







December 28, 2012 -- Updated 0041 GMT (0841 HKT)



Frida Ghitis says that after years in which conservative views dominated the nation, there's now majority support for many progressive stances.







December 28, 2012 -- Updated 0316 GMT (1116 HKT)



John MacIntosh says gun manufacturer Freedom Group should be acquired by public-spirited billionaires and turned into a company with ethical goals.







December 26, 2012 -- Updated 1540 GMT (2340 HKT)



Dean Obeidallah says "Zero Dark Thirty" and "Promised Land" present hot button issues that fire up people from the left and right.







December 22, 2012 -- Updated 1706 GMT (0106 HKT)



David Gergen says the hope for cooperation is gone in the capital as people spar over fiscal cliff, gun control, and nominations


















Read More..

'Cliff' pessimism delivers US stocks another loss






NEW YORK: US stocks sank for a fifth straight day Friday, showing more doubts that politicians will be able to agree a deal to fix the fiscal cliff with only days before the year-end deadline.

Shares were cautiously lower for most of the day after President Barack Obama returned from his vacation early to try to broker a deal with Democrat and Republican congressional leaders in the White House.

But without any positive signs late in the day and the weekend looming, traders gave up and sold off at a stronger pace in the last half hour.

The Dow Jones Industrial Average finished off 158.20 points (1.21 percent) at 12,938.11.

The broad-market S&P 500 lost 15.67 (1.10 percent) to 1,402.43, while the tech-rich Nasdaq Composite shed 25.60 points (0.86 percent) to 2,960.31.

"In the end, fiscal-cliff concerns dominated. No deal meant more worry, and we sold off," said Ryan Detrick of Schaeffer's Investment Research.

All 30 Dow blue chips were in the red, led by Hewlett-Packard (-2.6 percent), which was pushed lower after the SEC said it was looking into its subsidiary Autonomy.

In November, HP accused Autonomy of fraudulent accounting that was uncovered only after its $10 billion purchase of the British software firm in 2011.

Also on the Dow, Exxon lost 2.0 percent and Chevron 1.9 percent.

A rare gainer for the day was embattled bookseller Barnes & Noble, which although reporting that its Nook e-reader had disappointing Christmas sales, got a 4.3 percent boost on the announcement that British publisher Pearson would take a five percent stake in its Nook unit for $89.5 million.

Herbalife, under attack for weeks from short-selling hedge funds, bounced back with a 3.9 percent gain.

Facebook, which opened more than 2.5 percent lower on a report by audience tracker AppData.com that some 3.5 million people had stopped using its photo-sharing app Instagram daily over the past week, regained ground to finish with a loss of just 0.5 percent.

Facebook acquired Instagram earlier this year. The original price was pegged at $1 billion but the final value was less because of a decline in the social network's share price.

Bond prices rose. The 10-year US Treasury yield slipped to 1.71 from 1.72 percent late Thursday, while the 30-year edged lower to 2.88 percent from 2.89 percent. Bond prices and yields move inversely.

-AFP/ac



Read More..

Obama, congressional leaders discuss fiscal cliff






STORY HIGHLIGHTS


  • NEW: Pressure on Democrat Harry Reid and Republican Mitch McConnell to reach deal

  • NEW: Senate leader Reid said the next 24 hours would be "very important"

  • Without an agreement, everyone's taxes go up next week

  • Inaction in Washington on fiscal cliff again depresses financial markets




As the fiscal cliff looms, what's your New Year's message to Washington? Go to CNNiReport to share your video.


Washington (CNN) -- A political summit on Friday at the White House left it to the Senate's top Democrat and Republican to work out a possible compromise to avoid the fiscal cliff, participants said.


Senate Majority Leader Harry Reid, D-Nevada, told reporters that the next 24 hours would be "very important" toward efforts to lessen the harshest impacts of the fiscal cliff, a combination of automatic tax hikes and deep spending cuts due to take effect at the start of the new year.


"Whatever we come up with is going to be imperfect. Some people aren't going to like it, some people are going to like it less," Reid said on the Senate floor after the meeting.


His Republican counterpart, Sen. Mitch McConnell of Kentucky, expressed hope that he and Reid could arrive at a proposal to present to their respective caucuses "as early as Sunday."


President Barack Obama will make a statement to reporters at 5:45 p.m., the White House announced.


House Democratic leader Nancy Pelosi described the White House meeting with Obama, House Speaker John Boehner, Reid, McConnell and others as candid and productive. They agreed to let the two senators try to forge an agreement.


Diminished hopes for a substantial agreement in Washington again depressed stock indexes on Wall Street despite other encouraging news on the economy. Consumer confidence has also softened due to political inaction.


Economists warn that continued stalemate could trigger recession as taxes go up on everyone with the expiration of lower rates from the administration of President George W. Bush, coupled with slashed government spending, including for the military.


The White House meeting that started shortly after 3 p.m. ET ran just over an hour and also included Vice President Joe Biden and Treasury Secretary Timothy Geithner.


Prior to the meeting, a source familiar with the matter said Obama would propose the same framework for a scaled-back agreement that he described last week.


Such a plan would extend current tax rates on family income up to $250,000 while allowing a return to higher rates above that level. It also would extend unemployment benefits and address some other issues, according to the source.


Obama planned on asking the Republican leaders if they had a counter-proposal that could pass the House and Senate, the source said. If they didn't, the president was prepared to ask them to hold an up-or-down vote on his plan, meaning it would need a simple majority to pass, the source added.


Friday's meeting came with the Senate back in town after a Christmas holiday for a rare end-of-year appearance before a new Congress convenes early in the new year. Boehner plans to bring the House back on Sunday.


Reid and McConnell took turns blaming the other side for the impasse on Thursday, but neither seized the chance to offer remarks when the Senate opened on Friday. Other senators expressed opinions on the negotiations ranging from optimism to frustration.


"When the dust settles and everything is said and done, federal individual income taxes are not going to go up on almost all Americans next year," GOP Sen. Lamar Alexander of Tennessee told reporters.


Democratic Sen. Chuck Schumer of New York told NBC's "Today" show he was "a little more optimistic today" about reaching a deal.


"Sometimes it's darkest before the dawn," Schumer said, noting the renewed engagement by McConnell and Boehner, the top congressional Republicans.










"The fact that (Boehner's) come back and the four of them are at the table means to me we could come up with some kind of agreement that would avoid the main parts of the fiscal cliff, particularly taxes going up on middle-class people," he added.


Sen. Olympia Snowe, R-Maine, told CNN's "Starting Point" that a deal must originate from talks between Obama and the four congressional leaders for Americans to regain confidence in the federal government.


"It's got to start with the leaders and the president at the White House this afternoon. Hopefully they'll agree to a framework," said Snowe, who is retiring.


"I hope the speaker can get this job done before the end of this year and not defer it to next year," she continued. "We've got to demonstrate we have some capacity left to make decisions in Washington on these very significant issues for the country."


However, Republican Sen. Bob Corker of Tennessee downplayed the importance of Friday's meeting on CBS "This Morning," saying it "feels too much to me like optics to make it look like we're doing something."


"This is a total dereliction of duty at every level," added Corker, who has called for Republicans to compromise on the central issue of allowing tax rates to increase on top income brackets. "I've been very surprised that the president has not laid out a very specific plan to deal with this, but candidly Congress could have done the same and I think the American people should be disgusted."


He predicted Friday's meeting would result in a "kick-the-can-down the road" solution, meaning larger questions on tax increases and spending cuts would be put off until next year.


On Thursday, McConnell said his side won't "write a blank check for anything Senate Democrats put forward just because we find ourselves at the edge of the cliff."


Reid, however, argued that Republicans undermined a potentially major agreement over the past two years by refusing to compromise on their opposition to higher tax rates for the wealthy. Hours before Friday's meeting was announced, he was doubtful there would be a deal by January 1.


"I don't know, timewise, how it can happen now," Reid said.








The principal dispute continues to be over taxes, specifically the demand by Obama and Democrats to extend most of the tax cuts passed under Bush while allowing higher rates of the 1990s to return on top income brackets.


Obama campaigned for re-election on keeping the current lower tax rates on family income up to $250,000, which he argues would protect 98% of Americans and 97% of small businesses from rates that increase on income above that level.


Republicans oppose any kind of increase in tax rates, and Boehner suffered the political indignity last week of offering a compromise -- a $1 million threshold for the higher rates to kick in -- that his GOP colleagues refused to support because it raised taxes and had no chance of passing the Senate.


Last Friday, the president proposed the scaled-back agreement that included his call for extending tax cuts on households with incomes under $250,000, as well as an extension of unemployment insurance.


Both sides say political concerns undermine a possible agreement.


On Thursday, Reid said Boehner wanted to wait until after the new House re-elects him as speaker early next month before proceeding with a compromise -- one that will need support from both Democrats and Republicans to pass.


Boehner is "more concerned about his speakership than putting the country on firm financial footing," Reid claimed.


In response, Boehner spokesman Michael Steel said Reid should stop talking and instead take up legislation passed by the House to avert the fiscal cliff.


Reid and Democrats reject the GOP proposals, which would extend all the Bush tax cuts and revamp the spending cuts of the fiscal cliff, calling them insufficient and saying they would shift too much deficit reduction burden on the middle class.


One possibility is the fiscal cliff takes effect and taxes go up in January, then Congress steps in to bring tax rates back down for at least some people -- allowing them to say they're lowering taxes, even if rates for top income brackets are higher in 2013 than they were in 2012.


Obama and Democrats have leverage, based on the president's re-election last month and Democratic gains in the House and Senate in the new Congress. In addition, polls consistently show majority support for Obama's position on taxes, and Democrats insist the House would pass the president's plan with Democrats joined by some Republicans if Boehner allowed a vote on it.


However, anti-tax crusader Grover Norquist has vowed to back primary challenges against Republicans who violate his widely signed pledge not to raise taxes. Even if a deal is reached, Norquist predicts budget showdowns will continue every time the government needs more money to operate.


"There the Republicans have a lot of clout because they can say we'll let you run the government for the next month, but you've got to make these reforms," he said this week.


On Wednesday, Treasury Secretary Timothy Geithner told Congress the government would reach its borrowing limit at year's end, but could take steps to create what he called "headroom" for two months or so.


However, Geithner said uncertainty about the fiscal cliff and deficit negotiations make it hard to predict precisely how long government measures to address the situation will last.


The possibility of a fiscal cliff was set in motion over the past two years as a way to force action on mounting government debt.


Now, legislators risk looking politically cynical by seeking to weaken the measures enacted to try to force them to confront tough questions regarding deficit reduction, such as changes to government programs like Social Security, Medicare and Medicaid.


The two sides seemingly had made progress early last week on forging a $2 trillion deficit reduction deal that included new revenue sought by Obama and spending cuts and entitlement changes desired by Boehner.


Obama's latest offer set $400,000 as the income threshold for a tax rate increase, up from his original plan of $250,000. It also had a new formula for the consumer price index -- called chained CPI -- that wraps in new assumptions on consumer habits in response to rising prices, such as seeking cheaper alternatives, and would result in smaller benefit increases.


Statistics supplied by opponents say the change would mean Social Security recipients would get $6,000 less in benefits over the first 15 years of chained CPI. Liberal groups have openly challenged the plan, calling it a betrayal of senior citizens who contributed all their lives for their benefits.


Boehner appeared to move on increased tax revenue, including higher rates on top income brackets and eliminating deductions and loopholes. But his inability to rally all House Republicans behind his plan last week raised questions about his role and what comes next.


What happens to the economy if we go over the cliff?


CNN's Dana Bash, Deirdre Walsh, Ted Barrett and Kevin Liptak contributed to this report.






Read More..

Indian gang rape victim dies in hospital

SINGAPORE A young Indian woman who was gang-raped and severely beaten on a bus in New Delhi died early Saturday at a hospital in Singapore, the hospital said.

The 23-year-old victim "died peacefully," according to a statement by Singapore's Mount Elizabeth hospital where she was being treated.

The woman's horrific ordeal galvanized Indians, who have held almost daily demonstrations to demand greater protection from sexual violence, from groping to rape, which impacts thousands of women every day, but which often goes unreported.

She and a male friend were traveling in a public bus on Dec. 16 evening when they were attacked by six men who raped her and beat them both. They also stripped both naked and threw them off the bus on a road.

The attack two weeks ago brought new focus on police and community attitudes toward woman in India. Demonstrators in New Delhi have demanded stronger protections for women and stronger punishment for rapists.

Indian authorities have been accused of belittling rape victims and refusing to file cases against their attackers, further deterring victims — already under societal pressure to keep the assaults quiet — from reporting the crimes.

After 10 days at a New Delhi hospital, the victim was flown to Singapore on Thursday for treatment at the Mount Elizabeth hospital, which specializes in multi-organ transplant. Media reports have said that her assailants beat her and inserted an iron rod into her body during the assault, resulting in severe organ damage.

But by late Friday, the young woman's condition had "taken a turn for the worse" and her vital signs had deteriorated with indications of severe organ failure, said Dr. Kelvin Loh, the chief executive officer of Singapore's Mount Elizabeth hospital.

"This is despite doctors fighting for her life including putting her on maximum artificial ventilation support, optimal antibiotic doses as well as stimulants which maximize her body's capability to fight infections," he said, adding that family members are by her side.

She had earlier suffered a heart attack, a lung and abdominal infection and `'significant" brain injury, according to the hospital.

Police have arrested six people in connection with the attack, which left the victim with severe internal injuries. She was traveling in the virtually empty bus with a male friend when they were attacked.

Some politicians have come under fire for comments insulting the protesters and diminishing the crime.

On Friday, Abhijit Mukherjee, a national lawmaker and the son of India's president, apologized for calling the protesters `'highly dented and painted" women, who go from discos to demonstrations.

`'I tender my unconditional apology to all the people whose sentiments got hurt," he told NDTV news.

Separately, authorities in Punjab took action Thursday when an 18-year-old woman killed herself by drinking poison a month after she told police she was gang-raped.

State authorities suspended one police officer and fired two others on accusations they delayed investigating and taking action in the case. The three accused in the rape were only arrested Thursday night, a month after the crime was reported.

"This is a very sensitive crime, I have taken it very seriously," said Paramjit Singh Gill, a top police officer in the city of Patiala.

The Press Trust of India reported that the woman was raped Nov. 13 and reported the attack to police Nov. 27. But police harassed the girl, asked her embarrassing questions and took no action against the accused, PTI reported, citing police sources.

Authorities in the eastern state of Chhattisgarh also suspended a police officer on accusations he refused to register a rape complaint from a woman who said she had been attacked by a driver.

Read More..

Woman Tied to Gun in NY Firefighter Ambush













Authorities have charged a woman for allegedly providing a convicted killer with the Bushmaster AR-15 assault rifle he used when he ambushed four volunteer firefighters and an off-duty cop at a fire scene in upstate New York on Christmas Eve, federal prosecutors said.


Dawn Nguyen, 24, was arrested today after allegedly making an illegal purchase of the weapon used by William Spengler, 62, who set a house and car on fire in Webster, N.Y., the morning of Dec. 24, then shot dead two firemen and himself.


Nguyen is facing federal and state charges for acting as a "straw purchaser," buying the Bushmaster assault weapon as well as a shotgun with the intention of giving it to someone who cannot legally purchase it himself, said U.S. Attorney William J. Hochul.


Authorities accuse Nguyen of lying about being the sole owner of the weapons when making the purchase, a violation of federal law.


As an ex-convict, Spengler could not have legally owned or purchased the weapons himself.








NY Firemen's Killer Left Chilling Note Behind Watch Video









Rochester Fire, Shooting: Death Toll Rises to 3 Watch Video







"Dawn Nguyen told the seller of these weapons that she was to be true owner and buyer of these guns," said Hochul. "It is absolutely against federal law to provide any materially false information" on a firearms application.


As Hochul announced the charges, Nguyen was in a nearby court. It was unknown whether she entered a plea, and her lawyer could not be immediately contacted.


In addition to the rifle and shotgun, Spengler was found with a pistol, which authorities believe he used to kill himself by shooting himself in the head.


After apparently setting the fires, Spengler began shooting at emergency responders, officials have said. The attack left two firefighters and the gunman dead, and two other firefighters hospitalized.


Police officer John Ritter recieved shrapnel injuries at the scene but was discharged quickly from the hospital.


In a typewritten note found at the scene, Spengler revealed that he obtained the weapons from Nguyen, who for a time lived next door to him in Webster, Hochul said.


In that same note, Spengler pledged to see "how much of the neighborhood I can burn down." He said he wanted to "do what I like doing best, killing people."


Police said Spengler set a "trap" in order to ambush the first responders.


Firefighters Michael Chiapperini and Tomasz Kaczowka were gunned down. Two other firefighters, Joseph Hofsetter and Theodore Scardino, remained in guarded condition at a Rochester, N.Y. hospital.



Read More..

A gunmaker ripe for an ethical takeover




Several .223 caliber rounds near a Bushmaster XM-15; the manufacturer's owner is putting its gun companies up for sale.




STORY HIGHLIGHTS


  • The owner of America's largest gunmaker is putting firm up for sale

  • John MacIntosh says billionaires should lead effort to acquire the gun manufacturer

  • He says they should change corporate practices to discourage violence

  • MacIntosh: One leading company could push gun industry in a more ethical direction




Editor's note: John MacIntosh was a partner at Warburg Pincus, a leading global private equity firm, where he worked from 1994 to 2006 in New York, Tokyo and London. He now runs a nonprofit in New York.


(CNN) -- In the 1970s and '80s, when corporate America was plagued with inefficiency, a new class of financially motivated takeover investor emerged to prey on the fattest in the corporate herd and scare the rest into line.


Today, as pockets of corporate America are plagued with immorality, we need a new class of socially motivated takeover investor to prey on the sociopaths in the corporate herd, turn them around and perhaps scare (or shame) others into line.



John MacIntosh

John MacIntosh



The upcoming sale by Cerberus Capital of the Freedom Group, the largest gun manufacturer in the United States, is a perfect opportunity to usher in this new era of muscular, socially responsible capitalism:


First, Michael Bloomberg, George Soros, David Geffen and the like should establish a nonprofit SPAC (Special-Purpose-Acquisition-Company) called BidForFreedom.org (BFF) with a mission to reduce needless deaths through gun violence in the United States and encourage the passage of sensible gun control regulations.



They should appoint George Clooney, Angelina Jolie and Matt Damon to the fundraising committee and recruit a loud-mouthed, poison-penned, but good-hearted activist hedge fund titan as chief investment officer (Bill Ackman? Dan Loeb?).


Opinion: Forgotten victims of gun violence


To be credible, BFF will probably need to start with at least $250 million in cash and commitments (no problem given the billionaire status of the sponsors) with additional firepower raised as needed from well-heeled individuals, foundations and through a broad-based Internet solicitation to an outraged-by-Newtown public.


Second, BFF should lobby all public pension funds that are part owners of the Freedom Group (by virtue of their investment in Cerberus) to roll their investment into BFF to reduce the need for outside funding, naming and shaming any unwilling public investors.


Newtown shooter's guns








Third, BFF should pay "whatever it takes" to acquire control of the Freedom Group in the upcoming auction by Cerberus (which has a fiduciary obligation to sell to the highest bidder) and then immediately implement a "moral turnaround" plan under which the Freedom Group:


(i) Appoints a high-profile CEO with impeccable credentials as a hunter and/or marksman who is nevertheless in favor of gun-control.


Opinion: Guns endanger more than they protect


(ii) Elects a new board of directors including representatives from the families of victims killed in Newtown (and/or other massacres perpetrated with Freedom Group weapons), military veterans and trauma surgeons with real experience of human-on-human gunfire, and law enforcement and mental health professionals.


(iii) Operates the business as if sensible gun laws were in place (this may turn out to be a wise investment in future-proofing the company): discontinuing sales of the most egregious assault weapons and modifying others as necessary so they cannot take huge-volume clips; offering to buy back all Freedom Group assault weapons in circulation; micro-stamping weapons for easy tracking; and providing price discounts for buyers willing to go through a background check and register in a database available to law enforcement.


(iv) Voluntarily waives its rights to support the NRA and other lobbying groups.


(v) Creates a fund to compensate those who, despite its best efforts, are killed or wounded by its weapons.


(vi) Agrees that if the effort to provide moral leadership in the weapons industry doesn't succeed within a year, BFF should consider corporate euthanasia, even though it entails a risk of allowing more retrograde manufacturers to fill the void in the market left by the then-deceased company.


Opinion: The case for gun rights is stronger than you think


In the face of horrors like Newtown, BFF would recognize that it's time to take a stand by acknowledging the impossibility of reaching closure after such a monstrous act while an unreconstructed Freedom Group continues to sell a huge volume of guns and ammunition rounds each year even if it is operating under new owners.


Like any Trojan Horse strategy, this is a long shot, but it must be tried. History suggests that only after the first company "turns" will an industry gradually return to the realm of the human (think of big tobacco). And without the tacit agreement, if not the outright support, of at least one important insider, policymakers seem utterly unable to pass tough regulations in the face of the predictable, but withering, assault by industry lackeys shrieking that any such regulation would be "impossible, impractical or too expensive."


In the face of a recalcitrant industry, we have to acknowledge that it is only the market for corporate control -- the real possibility that an outsider will take over one of the companies -- that puts limits on the behavior of board members and executives who, while perhaps decent enough in their family lives, display a limitless tolerance for the "banality of evil" at the office.


Opinion: Not man enough? Buy a gun


We must accept that the conventional, kid-gloves approach to socially responsible investing -- divesting shares in "bad" companies that nevertheless continue to exist -- is too weak an instrument to force change and its well-meaning practitioners too soft to enter the fray when emotionally and politically charged battles need to be fought.


And regardless of the viability of socially motivated takeovers in general, the Freedom Group looks like a great target. Cerberus is a motivated seller, the political macros look favorable, and it's a bite-sized company compared with many of the larger sociopaths in the corporate herd.


I'm even cautiously optimistic that the current impasse over gun regulation is a bad-equilibrium that few consumers actually want, and that a reconstructed Freedom Group, fighting for sensible change as a fifth column from within the industry, might well find that many people -- even a significant portion of the NRA's members -- would buy from a truly responsible (and high quality) gun maker if given the chance.


All in all, it's a pretty exciting deal, so if Mike and George are up for it, count me in.



Follow @CNNOpinion on Twitter


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The opinions expressed in this commentary are solely those of John MacIntosh.






Read More..

US stocks down as "fiscal cliff" deadline nears






NEW YORK: US stocks dipped Thursday in the absence of a deal to avert a "fiscal cliff" crisis as an end-of-year deadline crept closer.

The Dow Jones Industrial Average finished the session down 18.28 points (0.14 percent) at 13,096.31.

The broad-market S&P 500 slipped 1.73 points (0.12 percent) at 1,418.10 while the tech-rich Nasdaq Composite shed 4.25 points (0.14 percent) at 2,985.91.

Washington has until the end of the month to reach a compromise on how to avert a crisis that could lead to steep tax hikes and stringent budget cuts. But with the clock ticking, a deal has yet to take shape.

Experts say a fall over the so-called "fiscal cliff" could take the world's biggest economy back into recession.

Still, markets appeared to be bolstered by word that the House of Representatives would reconvene on Sunday, raising hopes of an 11th-hour compromise.

President Barack Obama cut short his family Christmas break in Hawaii and returned to the capital, and the Senate was also in session Thursday.

"News that the House will reconvene for a session Sunday night propelled stocks to end well off the lows of the day, erasing an earlier double-digit loss on the Dow that came courtesy of discouraging remarks from Senator Harry Reid and a fall in Consumer Confidence," said analysts with Charles Schwab & Co.

Traders were also digesting a sharp drop in consumer confidence in December, traditionally a key driver of the US economy.

In its monthly survey, the Conference Board said the index now stands at 65.1, compared to the downwardly revised 71.5 in November.

Stocks in focus included US auto giant Ford, which said Thursday it would invest $773 million to expand factories across its home state of Michigan, generating 2,350 new jobs, part of a plan to add 12,000 jobs by 2015. It fell 0.23 percent.

Microsoft edged 0.4 percent higher after announcing it would open six new stores in the United States in 2013.

US-listed shares of Toyota Motor Corporation climbed 2.4 percent. The Japanese automaker said Wednesday that it had agreed to pay about $1.1 billion to settle a class action lawsuit launched by US vehicle owners affected by a series of mass recalls.

Marvell Technology Group dropped 3.5 percent after a jury on Wednesday hit it with a billion-dollar verdict, ruling that the US chip maker "willfully" infringed on patents held by Carnegie Mellon University.

Bond prices rose. The 10-year US Treasury yield fell to 1.72 percent from 1.76 percent late Wednesday, while the 30-year slipped to 2.9 percent from 2.93 percent. Bond prices and yields move inversely.

-AFP/ac



Read More..

TV









updated 9:03 AM EST, Thu December 20, 2012










Earlier this month, we asked CNN readers to vote for their favorite TV shows of 2012. To make narrowing it down a little bit easier, we divided up a long list of contenders into three categories: comedies, dramas and reality series. Here's how you voted:


















Readers' favorites: Top 15 TV shows of 2012


Comedies: No. 5: 'How I Met Your Mother'


No. 4: 'The Daily Show with Jon Stewart'


No. 3: 'New Girl'


No. 2: 'Modern Family'


No. 1: 'The Big Bang Theory'


Dramas: No. 5: 'Castle'


No. 4: 'Homeland'


No. 3: 'Game of Thrones'


No. 2: 'NCIS'


No. 1: 'The Walking Dead'


Reality series: No. 5: 'Survivor'


No. 4: 'Dancing with the Stars'


No. 3: 'Pawn Stars'


No. 2: 'The Amazing Race'


No. 1: 'The Voice'





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"Low-end blizzard" eases in Northeast

Updated 3:50 p.m. ET


CONCORD, New Hampshire A powerful winter storm blamed for 16 deaths in other parts of the country is bringing rain to southern
New England and snow further north, but the region has been largely spared the pounding that other states took.

The storm pushed through the Upper Ohio Valley and made its way into the Northeast Wednesday night, leaving up to a foot of snow in some locations by Thursday morning. By noon, the precipitation had stopped in parts of Pennsylvania and New Jersey and Massachusetts, though snow continued to fall in upstate New York, New Hampshire, Maine and Vermont.

Other areas were getting a messy mix of rain and snow or just rain - enough to slow down commuters and those still heading home from holiday visits with family.

"The way I've been describing it is as a low-end blizzard, but that's sort of like saying a small Tyrannosaurus rex," said John Kwiatkowski, an Indianapolis-based meteorologist with the weather service.




24 Photos


Winter weather smacks U.S.



Thousands of travelers were trying to make it home Thursday after the fierce storm stranded them at airports or relatives' homes around the region. Some inbound flights were delayed in Philadelphia and New York's LaGuardia, but the wet and windy weather wasn't leading to delays at other major East Coast airports.

On New York's Long Island, a Southwest Airlines jet bound for Tampa, Florida, veered off a taxiway and got stuck in mud Thursday morning. Officials said there were no injuries to the 129 passengers and five crew members, who were expected to take a later flight. Though the area received heavy rain overnight, Southwest spokesman Paul Flanigan said it wasn't clear whether that played a role in the incident.

In Pittsburgh, a flight that landed safely during the storm Wednesday night got stuck in snow for about two hours on the tarmac. The American Airlines flight arrived between 8 and 9 p.m., but then ran over a snow patch and got stuck.

The storm system spawned Gulf Coast region tornadoes on Christmas Day, startling people like Bob and Sherry Sims of Mobile, Alabama, who'd just finished dinner.

"We heard that very distinct sound, like a freight train," said Bob Sims. They headed for a center bathroom.




Play Video


Winter storm blasts Northeast



Power was still out at the Sims' home on Wednesday, but the house wasn't damaged and they used a generator to run heaters to stay warm. Some neighbors were less fortunate, their roofs peeled away and porches smashed by falling trees.

People were killed in accidents in Kentucky, Oklahoma, Arkansas, Ohio, Indiana, Pennsylvania and Virginia, and homes in businesses in Arkansas and Maryland were without power.

Officials in Ohio blamed the bad weather for a crash that killed an 18-year-old girl, who lost control of her car Wednesday afternoon and smashed into an oncoming snow plow on a highway northeast of Cincinnati.

A man and a woman in Evansville, Ind., were killed when the scooter they were riding went out of control on a snowy street Wednesday and they were hit by a pickup truck.

Two passengers in a car on a sleet-slickened Arkansas highway were killed Wednesday in a head-on collision, and two people, including a 76-year-old Milwaukee woman, were killed Tuesday on Oklahoma highways. Deaths from wind-toppled trees were reported in Texas and Louisiana. Other storm-related deaths include a man checking on a disabled vehicle near Allentown, Pa., who was struck and killed Wednesday night, and two people killed in separate crashes in Virginia.

As usual, winter-sports enthusiasts welcomed the snow. At Smiling Hill Farm in Maine, Warren Knight was hoping for enough snow to allow the opening of trails.

"We watch the weather more carefully for cross-country skiing than we do for farming. And we're pretty diligent about farming. We're glued to the weather radio," said Knight, who described the weather at the 500-acre farm in Westbrook as being akin to the prizes in "Cracker Jacks -- we don't know what we're going to get.

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Utah Teachers Flock to Gun Training













The perception of schools as sanctuaries from violence has been "blown up" by recent events and some believe it's time for educators to literally take the situation into their own hands and carry guns.


"We've had this unwritten code, even among criminals, that schools are off limits. Those are our kids. You don't mess with that," Utah Shooting Sports Council (USSC) Chairman Clark Aposhian told ABCNews.com today.


"That perception has been blown away now," he said. "It's been shattered and if there's one thing that parents across the country are united on, it's that they are committed to and serious about protecting their kids."


Aposhian spoke shortly before opening a weapons training class for teachers and school employees that drew more than 200 Utah educators organized by the USSC, a leading gun lobby group that believes that teachers should be able to fight back when faced with an armed intruder.


"One firearm in the hands of one teacher could have made the difference at Sandy Hook or Columbine, but they weren't allowed to carry in those schools," Aposhian said.


The USSC is waiving its normal $50 training fee today for teachers who wish to attend. Aposhian said the 200 person course was filled to capacity and said he plans on holding another session for people he may have to turn away today.


INFOGRAPHIC: Gun in America: By The Numbers


"We trust these teachers to be with our kids for 8 to 10 hours a day every day," Aposhian said. "I don't think it's a far reach to think that we could think that they would act responsibly and with decorum in protecting their own lives and the lives of the kids under their care."












Gun Owners Give Back: LA Residents Return Guns After Newtown Tragedy Watch Video





The idea of armed teachers has been part of a fiery debate on gun control following the rampage at Connecticut's Sandy Hook Elementary School that left 20 children and six adults dead on Dec. 14.


Utah is one of only a handful of states, including Oregon, Hawaii and New Hampshire, that allow people to carry licensed concealed weapons into public schools. It is not known how many Utah teachers carry guns in public schools because the records are not public.


But Aposhian said that he tells detractors that Utah has not had any school shootings or accidental shootings in the approximately 12 years the law has been in effect.


In Ohio, the Buckeye Firearms Association is launching a pilot armed teacher training program in which 24 teachers will be selected to attend a three-day training class.


Arizona's Attorney General Tom Horne has proposed a state law amendment that would allow one educator in each school to carry a gun.


During today's six-hour training session, the educators will be taught about gun safety, loading and unloading, manipulating the firearm, how to clear malfunctions, use of force laws and state and federal firearm laws.


The training sessions normally draw about 15 to 20 people, Aposhian said, but many of the teachers who have signed up for today have expressed strong feelings about attending the class.


"I think it runs the gamut from passive desire to get a permit because they thought about it here and there to a fervor given the recent events," Aposhian said. "Perhaps they've had an epiphany of sorts and realized that that sanctuary they work in, or at least the perceived sanctuary, isn't all that safe."


The Utah State Board of Education Chair Debra Roberts released the following statement today on the matter:


"The Utah State Board of Education expresses sympathy to all involved in the recent school shooting in Connecticut. In the face of this terrible tragedy, as schools move forward in taking measures to ensure the safety of students and school personnel, we urge caution and thoughtful consideration."


The statement noted that its schools have emergency plans to handle such situations.


Carol Lear, the board's director of school law and legislation, was more blunt about Aposhian's gun training, telling the Associated Press, "It's a terrible idea...It's a horrible, no-good, rotten idea."






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Climate change: No consensus needed




Lake Cachet II in Aysen, Chilean Patagonia, disappeared because of rising temperatures driven by climate change, experts say.




STORY HIGHLIGHTS


  • Tseming Yang: Result of Doha climate change conference less than desirable

  • Yang: It's time to abandon the myth that a consensus solution is the best approach

  • He says the 25 major carbon emitters should work out an agreement among themselves

  • Yang: Smaller, focused discussions may be better than large, U.N.-style gatherings




Editor's note: Tseming Yang, former deputy general counsel at the Environmental Protection Agency, is professor of law at Santa Clara University Law School.


(CNN) -- The Doha climate change conference this year was the most significant in nearly 20 years of gatherings under the U.N. Framework Convention process aimed at staving off future global warming disaster.


Since carbon dioxide emission limits agreed to under the 1997 Kyoto Protocol were to expire at the stroke of midnight on December 31, 2012, it was critical that the international community agreed to extend those obligations and to continue talks about future emission cuts.


But the outcome fell far short of what will be necessary to keep the world's average temperature from rising more than 2 degrees Celsius in the foreseeable future.


Under the Doha arrangement, 17 of the 25 biggest carbon emitting countries (including China, the United States, Russia and India) did not commit to any legally binding emission limits. The countries that did agree to extend and deepen their Kyoto emission reductions, including the European Union, Australia and Eastern Europe, make up only about 15% of the world's emissions. That seems like a rather meager return on the investment of time and effort over the past years.


But there is one silver lining.



The world's top 20 carbon emitters together make up about 77% of emission and account for about 4.3 billion people, which is about 62% of the global population. The remaining 170 or so countries account for just over 20% of emissions.


As often is the case, these negotiations over climate have come to symbolize epic David and Goliath struggles pitting poor developing countries against recalcitrant government officials from rich countries. Lobbying efforts, shaming tactics, and staging public demonstrations have been the slingshots of choice. One result is that more people are paying attention to environmental issues.


Nonetheless, it is time to abandon the myth that a consensus solution is necessarily the best approach. The unfortunate reality is that little can get done right now. It's like having hundreds of cooks with hundreds of different recipes attempting to prepare one meal in the same small kitchen. After two decades of hard work, it is time to consider reducing the number of cooks.








A better alternative to a United Nations-style conference would be for the 25 major emitters to come to an agreement just among themselves about their mutual commitments to deal with climate change effectively.


In other words, get the 25 cooks to work together on the main meal. The hundreds of other cooks ought to step out of the kitchen.


Some smaller, focused discussions have already started, such as in the Major Economies Forum. Imagine what kind of deals on cutting emissions would be possible just among China, India and the United States -- the top three emitters in the world respectively. Imagine a deal involving emission sources in China, which has some of the world's most polluting coal-fired power plants, and California, which is on a course to become one of the most stringently controlled states in carbon emissions.


Of course, there are no guarantees for success. But discussions within such a smaller group would allow government leaders to confront the realities of climate change and engage in direct horse-trading without the static of thousands of other voices desiring to load their issues into the deal.


Let's face it -- we are way beyond the time for finding an ideal solution. Every year the world waits to take further concrete steps to cut emissions, the atmosphere will be loaded with millions of tons more carbon dioxide that will stay for a century. And the job of limiting global warming to 2 degrees Celsius will be more out of reach.


At the best, gatherings like the one in Doha dangle a tantalizing mirage of achieving a sustainable future. At the worst, they give cover to governments that would rather avoid the hard choices they ultimately will have to make.


After one more expensive and time-consuming round of talks, it's time to be honest with what can really be accomplished in these U.N.-style gatherings.


Follow us on Twitter @CNNOpinion


Join us on Facebook/CNNOpinion


The opinions expressed in this commentary are solely those of Tseming Yang.






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US stocks dip in absence of 'fiscal cliff' deal






NEW YORK: US stocks fell Wednesday amid uncertainty about whether a deal to avert the "fiscal cliff" could be reached by an end-of-year deadline.

The Dow Jones Industrial Average was down 24.49 points (0.19 percent) to finish the session at 13,114.59.

The broad-market S&P 500 lost 6.83 points (0.48 percent) at 1,419.83, while the tech-rich Nasdaq Composite shed 22.44 points (0.74 percent) at 2,990.16.

"Investors in the US returned to business in the midst of the omnipresent tick-tick-ticking of the fiscal cliff clock," said analysts with Charles Schwab & Co.

The White House and Congress have until the end of the month to reach a compromise on how to avert a year-end crisis that could lead to stiff tax hikes and drastic budget cuts.

Experts say a dive over the so-called "fiscal cliff" could drive the world's biggest economy back into recession.

Obama was to head back to the capital late Wednesday from a shortened family Christmas break in Hawaii, and lawmakers are also expected back in Washington on Thursday.

Stocks in focus during the midweek session included those of online video giant Netflix, which gained 0.47 percent in the wake of an outage of its online film streaming service on Christmas Eve. On Wednesday, Netflix blamed Amazon for the incident, which rents out computing power in datacenters in the Internet "cloud." Amazon dropped 3.86 percent.

US commodities and derivatives market InterContinentalExchange (ICE) and its transatlantic peer NYSE Euronext were down 0.03 percent and up 0.09 percent respectively, after at least one shareholder complaint was filed to contest their planned fusion, announced last week.

Shares of BlackBerry maker Research In Motion meanwhile soared 11.5 percent, recovering after a plunge on Friday on investor fears that its new smartphone platform will thin the ranks paying for its service.

Tech heavyweight Apple meanwhile lost 1.4 percent.

Bond prices rose. The 10-year US Treasury yield fell to 1.76 percent from 1.77 percent late Monday, while the 30-year dipped to 2.93 percent from 2.94 percent. Bond prices and yields move inversely. Markets were closed Tuesday in observance of Christmas Day.

-AFP/ac



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Fiscal cliff deal likely within 10 days






STORY HIGHLIGHTS


  • NEW: House leaders say the Senate must act on House proposals first

  • NEW: Secretary Geithner warns the government will reach the debt ceiling soon

  • President Obama and senators are heading back to Washington

  • The fiscal cliff deadline was created by Congress, which now seeks to avoid it




Washington (CNN) -- Sometime in the next 10 days, a fiscal cliff agreement is likely.


It almost certainly won't be the grand bargain sought by President Barack Obama and House Speaker John Boehner that addresses the nation's chronic federal deficits and debt.


It may not happen before January 1, the trigger date for the automatic tax increases on everyone and deep spending cuts of the fiscal cliff.


When it does occur, a deal will likely be similar to proposals rejected by Republicans during similar brinksmanship efforts of the past two years.








"It's all about scoring political points," GOP Rep. Ileana Ros-Lehtinen complained Wednesday on CNN, referring to both sides in the debate. "I know the American people are tired of all of us."


Obama is heading back to Washington on Wednesday night from his Hawaiian vacation, leaving behind the first family, to be ready if the Senate comes up with a plan when it returns Thursday from its own Christmas break.


Fiscal cliff bill could come down to wire


Meanwhile, House Republican leaders held a conference call Wednesday afternoon but made no decision about when to bring their members back to Washington, according to a GOP source on the call. Members were told last week they would receive 48 hours' notice if they needed to return after Christmas.


The principal dispute continues to be over taxes, specifically the demand by Obama and Democrats to extend most of the tax cuts passed under President George W. Bush while allowing higher rates of the 1990s to return on top income brackets.


Obama campaigned for re-election on keeping the current lower tax rates on family income up to $250,000, which he argues would protect 98% of Americans and 97% of small businesses from rates that increase on income above that level.


Republicans oppose any kind of increase in tax rates, and Boehner suffered the political indignity last week of offering a compromise -- a $1 million threshold for the higher rates to kick in -- that his colleagues refused to support because it raised taxes and had no chance of passing the Democrat-controlled Senate.


Rep. Nan Hayworth, R-New York, acknowledged Wednesday that a deal will have to include some form of higher rates on top income brackets, but she said her party would fight to make it as minimal as possible.


Going over the cliff: What changes, what doesn't


"If that's where people have to go, we'll make the threshold as high as we can," Hayworth said on CNN, arguing that higher taxes in any form burden economic growth. "Because the more relief we provide, the better off we'll be."


Hayworth also made clear that a limited agreement was the most to expect for now, saying: "I don't think we're going to get the big plan in the next six days."


A statement Wednesday by Boehner's leadership team said the Democratic-controlled Senate must act first on proposals already passed by the House but rejected by Senate leaders and Obama.


"If the Senate will not approve and send them to the president to be signed into law in their current form, they must be amended and returned to the House," the leadership statement said. "Once this has occurred, the House will then consider whether to accept the bills as amended, or to send them back to the Senate with additional amendments. The House will take this action on whatever the Senate can pass, but the Senate first must act."


Obama and Democrats have leverage, based on the president's re-election last month and Democratic gains in the House and Senate in the new Congress that will convene in January. In addition, polls consistently show majority support for Obama's position on taxes.


Economists warn that failure to avoid the fiscal cliff could bring a recession, and stocks have been down since the middle of last week, when apparent progress in the talks suddenly unraveled with Boehner proposing his own "Plan B" that was rejected by fellow House Republicans.


The Gallup daily tracking poll released Wednesday showed 54% of respondents support Obama's handling of the fiscal cliff negotiations, compared with 26% who approve of Boehner's performance.


Starbucks makes political push on fiscal cliff


Sen. Harry Reid, the Democratic majority leader in the Senate, had an approval rating of 34% for his role so far.


Reid is poised to assume a larger role as the focus of negotiations appears to be shifting to the Senate after last week's GOP disarray in the House stymied any progress before Christmas.


A senior Senate Democratic source told CNN on Wednesday that Reid has made clear in private conversations that he will need assurance any plan can pass both the Senate and the House before he will bring it up.


"It is to nobody's advantage to have a failed Senate vote at this point," the source said on condition of not being identified. "This will be the last train we will have, and there is no sense in it leaving the station before we have assurance it will get through."


Remaining questions include whether enough Republicans will support a compromise acceptable to Democrats, and whether Senate GOP leader Mitch McConnell will allow a simple majority vote to take up and pass any proposal, or stick to the filibuster level of 60%.


At the same time, some Senate Democrats have discussed holding off on bringing up a proposal until the final days of 2012 to increase pressure on Republicans to support avoiding higher taxes on everyone due to the fiscal cliff.


While the focus now is on a possible agreement in coming days or weeks, anti-tax crusader Grover Norquist told CNN earlier this week that the nation should gird for long-range battle.


"It's four years of a fight. It's not one week of a fight," said Norquist, who has threatened to mount primary challenges against Republicans who violate a pledge they signed at his behest against ever voting for a tax increase.


While both sides say they want to avoid the fiscal cliff, signs are emerging that a deal would come after the new year to blunt the harshest impacts.


Under that scenario, the new Congress convening in early January would vote to lower taxes from the higher rates that will go into effect in January when the Bush cuts expire, with the new top rates staying intact.


According to a senior administration official, Obama continues to oppose a Republican call for extending the Bush-era tax cuts for everyone to buy time for working out a broader deficit reduction deal that would include overall tax reform.


However, a Senate Republican leadership aide told CNN that Republicans reject Obama's $250,000 threshold for tax cut extensions.


"We're going to be here New Year's Eve," retiring Sen. Joe Lieberman said Sunday on CNN's "State of the Union," adding that it was likely the nation would go over the fiscal cliff.


Failing to meet the year-end deadline on striking a deal would amount to "the most colossal, consequential act of congressional irresponsibility in a long time," said Lieberman, an independent from Connecticut who caucuses with Democrats. "Maybe ever in American history, because of the impact it will have on almost every American."


However, Norquist called the situation part of a longer process, predicting "a regular fight" when Congress needs to authorize more government spending and raise the federal debt ceiling in coming months.


"There the Republicans have a lot of clout because they can say we'll let you run the government for the next month, but you've got to make these reforms," he explained.


On Wednesday, Treasury Secretary Timothy Geithner informed Congress that the government would reach its borrowing limit at the end of the year -- in five days' time -- but could take steps to create what he called "headroom" for two months or so.


However, Geithner said uncertainty over the fiscal cliff negotiations and possible changes to the deficit situation made it difficult to predict precisely how long the government's steps to ease the situation would last.


Before heading to Hawaii last Friday, Obama called for Congress to come back after Christmas and work with him on a limited agreement to prevent tax hikes on the middle class, extend unemployment insurance and set a framework for future deficit reduction steps.


Boehner's spokesman said the speaker will be "ready to find a solution that can pass both houses of Congress" when he returns to Washington, expected to occur on Thursday.


The GOP opposition to any kind of tax rate increase has stalled deficit negotiations for two years and led to unusual political drama, such as McConnell recently filibustering a proposal he introduced and Thursday night's rebuff by House Republicans of the alternative tax plan pushed by Boehner, their leader.


Reid and other Senate Democrats say House Republicans must accept that agreement will require support from legislators in both parties, rather than a GOP majority in the House pushing through a measure on its own.


He insisted that a Senate-passed plan with Obama's $250,000 threshold would pass the House if Boehner would allow a vote. However, the Senate proposal is held up on constitutional grounds, because legislation that increases revenue must originate in the House.


Boehner and Republicans complain the Senate has refused to take up any proposals they have passed in the past two years. Reid argues that the GOP measures amount to a conservative wish list of unacceptable spending cuts and reforms intended to shrink government and weaken entitlement programs vital to senior citizens, the poor and the disabled.


Some House Republicans have said they would join Democrats in supporting the president's proposal in hopes of moving past the volatile issue to focus on the spending cuts and entitlement reforms they seek.


The possibility of a fiscal cliff was set in motion over the past two years as a way to force action on mounting government debt.


Now, legislators risk looking politically cynical by seeking to weaken the measures enacted to try to force them to confront tough questions regarding deficit reduction, such as reforms to popular entitlement programs such as Social Security, Medicare and Medicaid.


The two sides seemingly had made progress early last week on forging a $2 trillion deficit reduction deal that included new revenue sought by Obama and spending cuts and entitlement changes desired by Boehner.


Obama's latest offer set $400,000 as the income threshold for a tax rate increase, up from his original plan of $250,000. It also included a new formula for the consumer price index applied to some entitlement benefits, much to the chagrin of liberals.


Called chained CPI, the new formula includes assumptions on consumer habits in response to rising prices, such as seeking cheaper alternatives, and would result in smaller benefit increases in future years.


Statistics supplied by opponents say the change would mean Social Security recipients would get $6,000 less in benefits over the first 15 years of chained CPI.


Liberal groups sought to mount a pressure campaign against including the chained CPI after news emerged this week that Obama was willing to include it, calling the plan a betrayal of senior citizens who had contributed throughout their lives for their benefits.


For his part, Boehner conceded on increased tax revenue, including higher rates on top income brackets and eliminating some deductions and loopholes.


CNN's Brianna Keilar in Hawaii and Dana Bash, Kevin Bohn and Kevin Liptak in Washington contributed reporting to this story, which was written by Tom Cohen in Washington.






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Fmr. President Bush battling "stubborn" fever

A "stubborn" fever that kept former President George H.W. Bush in a hospital over Christmas has gotten worse, and doctors have put him on a liquids-only diet, his spokesman said Wednesday, describing Bush's condition as guarded to CBS News.

Jim McGrath, Bush's spokesman in Houston, had said earlier in the day that the fever had gone away, but he later corrected himself.

"It's an elevated fever, so it's actually gone up in the last day or two," McGrath told The Associated Press. "It's a stubborn fever that won't go away."

Doctors at Methodist Hospital in Houston have run tests and are treating the fever with Tylenol, but they still haven't nailed down a cause, McGrath said. Doctors also have put Bush on a liquid diet, though McGrath could not say why.

The bronchitis-like cough that initially brought Bush to the hospital on Nov. 23 has improved, McGrath said. The 88-year-old is now coughing about once a day, he said.

Bush was visited on Christmas by his wife, Barbara, his son, Neil, and Neil's wife, Maria, and a grandson, McGrath said. Bush's daughter, Dorothy, will arrive Wednesday in Houston from Bethesda, Md. The 41st president has also been visited twice by his sons, George W. Bush, the 43rd president, and Jeb Bush, former governor of Florida.

Bush and his wife live in Houston during the winter and spend their summers at a home in Kennebunkport, Maine.

The former president was a naval aviator in World War II - at one point the youngest in the Navy - and was shot down over the Pacific. He achieved notoriety in retirement for skydiving on at least three of his birthdays since leaving the White House in 1992.

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WH Lashes Out at 'Congressional Stupidity'


With only days to come up with a deal to avoid the fiscal cliff, the White House said “congressional stupidity” was damaging the economy but an agreement can be reached if Republican leaders don’t get in the way.


President Obama cut his Hawaiian vacation short and headed back to Washington today while the Senate is scheduled to reconvene on Thursday. House Speaker John Boehner said previously that he would give House members a 48 hour notice of any upcoming vote, which means that the soonest the House could consider a bill would be Saturday — just two days before a deadline to make a deal or trigger a rise in taxes and steep budget cuts.


Boehner, R-Ohio, and other GOP leaders issued a statement today following a conference call saying, “The House has acted on two bills which collectively would avert the entire fiscal cliff if enacted. Those bills await action by the Senate.  If the Senate will not approve and send them to the president to be signed into law in their current form, they must be amended and returned to the House.”


While Boehner put the onus on the president and Senate Majority Leader Harry Reid, a White House official used testy language to  put the responsibility back on Boehner and Senate Minority Leader Mitch McConnell.


“What we need is for the Senate Minority Leader not to block a vote and for Boehner to allow a vote,” a White House official told ABC News. “The hits from our economy are not coming from outside factors they’re coming from Congressional stupidity.”


Reid’s plan would serve as a Democratic counterpart to Boehner’s plan B, which failed to gain enough support for a vote last week. Boehner left the ball in the Senate’s court after withdrawing  his plan Thursday.


Any plan from Reid is expected to include extending the Bush tax cuts for Americans making $250,000 or less.


Related: What if Bush tax cuts expire?


This has been a sticking point for the left and the right throughout discussions. Democrats believe that lower- and middle-class families should keep the  tax cut, while letting it expire for households making more than $250,000. Republicans counter that no Americans should be forced to pay higher taxes come Jan. 1, though Boehner’s plan would have required those making more than $1 million to lose the cut.


Reid could also propose cuts to tax deductions to generate more federal revenue.


Related: Can the mortgage deduction survive the fiscal cliff?


Michael Ettlinger, vice president for economic policy at the liberal think tank Center for American Progress, said that would make his plan very similar to Obama’s.


“I think this is likely to go smaller more than bigger as they try to gather votes in the Senate,” Ettlinger told ABC News Wednesday. “The Democratic vision of things is fairly clear. Where the Senate Republicans are willing to go is less so. That’s going to be the issue.”


Dan Holler of conservative policy advocacy group Heritage Action for America expects the plan to include an extension of unemployment benefits, something he says would be “extremely counterproductive for the economy.”


Democrats “see it as one of the most stimulative things you can do,” Holler told ABC News Wednesday. “Heritage has great research to go ahead and say this doesn’t really help.”


Related: Fiscal Cliff negotiators search for cuts without sacrifice.


In addition to an immediate measure to stop taxes from going up, Holler suggested there would be a mechanism to compel leaders to do more further down the road, a method he said has not historically been effective at reducing the deficit.


“I think Republicans are going to look at the entire package skeptically,” Holler said of Reid’s expected plan.


Boehner press secretary Michael Steel told ABC News the speaker’s office “will take a look” at Reid’s proposal once he brings it up for a vote or shares his ideas with the House.


Garnering consensus among both parties will be difficult for any plan now. Starbucks CEO Howard Schultz is trying to bring D.C. politicians together with every coffee cup sold in the District.


Critics have called into question  Boehner’s ability to bring his own party together.


“It seems that, in the House now, Boehner has no control over his extreme right-wing faction,” Sen. Bernie Sanders, I-Vt., said on MSNBC Wednesday. “You have, over in the House, a situation where the Republicans are saying, ‘Hey, we don’t think billionaires should pay a nickel more in taxes, but we do think there should be devastating cuts in programs that are impacting working families who are already hurting as a result of the recession.’ So that’s the problem that we have.”


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Hollywood movies can (mis)educate us


















Movies for adults


Movies for adults


Movies for adults


Movies for adults


Movies for adults


Movies for adults


Movies for adults


Movies for adults


Movies for adults


Movies for adults


Movies for adults








STORY HIGHLIGHTS


  • Dean Obeidallah: A movie or TV show can educate or (mis)educate you

  • Obeidallah: Two new films about hot issues are firing up both the left and right

  • Senators slammed "Zero Dark Thirty," and energy industry attacked "Promised Land"

  • Obeidallah: What does Hollywood want? To make money, of course




Editor's note: Dean Obeidallah, a former attorney, is a political comedian and frequent commentator on various TV networks including CNN. He is the editor of the politics blog "The Dean's Report" and co-director of the upcoming documentary "The Muslims Are Coming!" Follow him on Twitter: @deanofcomedy


(CNN) -- Can a movie actually convince you to support torture? Can a movie really persuade you that "fracking" -- a process used to drill for natural gas -- is a danger to the environment? Can a movie truly cause you to view certain minority groups in a negative light?


Some scoff at the notion that movies do anything more than entertain. They are wrong. Sure, it's unlikely that one movie alone will change your views on issues of magnitude. But a movie (or TV show) can begin your "education" or "miseducation" on a topic. And for those already agreeing with the film's thesis, it can further entrench your views.


Anyone who doubts the potential influence that movies can have on public opinion need to look no further than two films that are causing an uproar even before they have opened nationwide. They present hot button issues that manage to fire up people from the left and right.



Dean Obeidallah

Dean Obeidallah



The first, "Zero Dark Thirty," is about the pursuit and killing of Osama bin Laden, which features scenes of torture. The second, "Promised Land," stars Matt Damon and explores how the use of fracking to drill for natural gas can pose health and environmental dangers.



Critics of "Zero Dark Thirty" fear that audiences will accept as true the film's story line that torture was effective in eliciting information to locate bin Laden. They are rightfully concerned that the film will sway some to become more receptive or even supportive of the idea of torturing prisoners.


Peter Bergen: Did torture really net bin Laden?


Opposition to the film escalated last week as three senior U.S. senators -- John McCain, Carl Levin and Dianne Feinstein -- sent a letter to the film's distributor, Sony Pictures, characterizing the film's use of torture as "grossly inaccurate and misleading." The senators bluntly informed Sony Pictures that it has "an obligation to state that the role of torture in the hunt for Osama bin Laden is not based on the facts, but rather part of the film's fictional narrative."


Is this just more liberal whining?








Well, the hostility toward "Promised Land" shows us that it's not just liberals who complain about movie messages. Big business -- namely, the gas industry -- is aggressively objecting to the allegation in "Promised Land" that fracking poses environmental and health risks.


How concerned is the gas industry?


It has set up a rapid response team to counter publicity for the film by using two Washington-based groups that lobby for gas and oil companies: the Independent Petroleum Association of America and Energy in Depth. These groups have scrutinized appearances by the films stars on talk shows, questioned who the financiers of the film are, published parts of the script and mocked the film on social media.


Energy in Depth went as far as to "fact check" a recent appearance by the films co-star and co-writer, John Krasinski, on "Late Night With David Letterman." Within hours of Krasinski's appearance, Energy in Depth posted a blog on its website pointing out what it perceived as factual errors made by Krasinski about fracking.


Regardless of whether "Zero Dark Thirty" and "Promised Land" intended to promote any message, people who watch them will be "educated" in some way on torture and fracking -- even if very subtly.


This is the same reason that minority groups continue to object being represented in a negative light in movies and TV. They understand that accurate representations matter because studies have shown that biases can form based on stereotypes or inaccurate representations. (Being of Italian and Arab descent, I'm acutely aware of this issue as my respective heritages have been represented by a parade of mobsters and terrorists.)


What's Hollywood's role in all of this? The same as it has always been -- to make money.


In fact, there's no doubt that the studios behind these movies are overjoyed at the controversy that has erupted and the resulting free press. Indeed, the response of Sony Pictures to the uproar over "Zero Dark Thirty" tells you about what they really hope we will all do: "We encourage people to see the film before characterizing it."


So go ahead, enjoy these films and ones like them that are based on actual events or current hot issues. But while you are watching them, be aware you might be getting more than the price of ticket. You might also be getting a (mis)education.


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The opinions expressed in this commentary are solely those of Dean Obeidallah.






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